Donald L. Carmelite

Donald is a member of the Professional Liability Department where he focuses his practice on the defense of public entities, police, prison and correctional officers, as well as elected officials in civil rights, employment and land use matters.

In addition to the core areas of his practice, Don also handles a wide array of complex litigation involving liability for environmental, liquor/dram shop and professional claims. He has additional experience representing real estate professionals in every type of claim arising from the sale of a property covered by E&O policies and has defended claims made against licensed Brokers and Agents in a property manager capacity for HOAs. He also has years of experience defending motor vehicle and premises liability suits.

During his career, Don has served as first chair in over 10 jury trials and bench trials. He also has extensive mediation experience.

Don is very active in his community. He currently coaches a 10U travel hockey team, and previously served as a member of Vestry (board of directors) for Saint Andrews Episcopal Church in York, Pennsylvania. He is also the past president of the Friendly Sons of St. Patrick, Harrisburg Chapter. Additionally, he previously served as a committeeman for the Dauphin County Republican Committee in Harrisburg, 5th Ward, and remains active in local politics.

Don received his Bachelor of Arts degree from Penn State University and his juris doctor from the University of Pittsburgh School of Law. Thereafter, Don served as law clerk to the Honorable Michael L. Krancer at the Pennsylvania Environmental Hearing Board.

Honors & Awards

•BV Distinguished Rating by LexisNexis Martindale-Hubbell
•Pennsylvania Super Lawyer Rising Star (2011-2014)
•Susquehanna Valley Select Lawyers (2014)

Classes/Seminars Taught

•Mobile Devices: Don't Let Good Reception Be Game Over, Dauphin County Bar Association, January 2018 and Cumberland County American Inns of Court, December 2017
•Personal Training For Client on All Aspects of the Political Subdivision Tort Claims Act, March 2016
•Political Subdivision Claims Act, School Claims Services LLC, December 12, 2014
•Social Media in Litigation: Reloaded, a Closer Look at Using Social Media in Your Cases, Dauphin County Bar Association, Harrisburg, PA, June 24, 2014
•How To Try a Case in State Court, Pennsylvania Bar Institute, Mechanicsburg, PA, June 16, 2014
•Political Subdivision Tort Claims Act, Real Property Exception, client seminar, February 2014
•Basics of Litigation Involving State and Local Government, Pennsylvania Bar Institute, June 2013

Published Works

•“Discovering, Authenticating & Utilizing Social Media in Litigation: Strategy Considerations,” co-author, Defense Digest, Vol. 20, No. 1, March 2014
•'Thumbs Up for Qualified Immunity,' co-author, Defense Digest, 2011-03, Vol. 17, No. 1
•'The Bar Is Set: A Liquor Licensee's Duty to Third Persons in a Civil Suit,' Defense Digest, 2008-09, Vol. 14, No. 3

Results

Summary judgment in a municipal liability case involving a trip and fall on a sidewalk.

The plaintiff fell while walking and sued the owners of the property and York City, alleging the City was negligent in failing to maintain the sidewalk and in failing to inspect, correct or repair it. The defense argued that the plaintiff did not establish that York had any actual or constructive notice of the alleged defect, and that the plaintiff failed to meet her burden under the sidewalks exception to the Political Subdivision Tort Claims Act, 42 Pa. C.S. 8541, et seq.