- Biography
- Representative Matters
- Awards
- Noteworthy
Brad Belsome handles matters involving transportation law, specifically within the Rail Industry. He has represented a Class I Carrier in actions brought in the State and Federal courts of Louisiana, as well as before the United States Court of Appeals for the Fifth Circuit, Court of Federal Claims, Office of Administrative Law Judges, OSHA, including: claims prosecuted pursuant to the Federal Employers Liability Act (FELA), 45 U.S.C. § 51 et seq. (1908), the Federal Rail Safety Act (FRSA) claims of whistleblower retaliatory actions, actions involving grade crossing accidents, invitee and trespasser injuries, right-of-way and track usage disputes, occupational injury and exposure claims.
Brad’s practice also involves all aspects of medical malpractice litigation, including medical review panel proceedings, litigation, appeals and administrative adjudication proceedings brought before the Louisiana State Board of Medical Examiners, Louisiana State Board of Nursing, the Louisiana State Board of Dentistry and the Louisiana Physical Therapy Board. He represents healthcare facilities, including a Political Subdivision-Hospital Service District, employed and independent contractor physicians, nurses, pharmacists, dentists, physical therapists in cases arising in all areas of the treatment setting including, surgery, obstetrics and gynecology, invasive gastroenterology, hospital medicine, patient transport, patient supervision, emergency medicine, bloodborne pathogens, EMTALA, medical products liability and acute setting nursing care.
Brad also has experience handling Commercial Real Estate including servitude rights, Expropriation and condemnation proceedings, Zoning and Subdivision work.
Trenesha Love v. Illinois Central Railroad Company et al.; 40th Judicial District Court, Parish of St. John Louisiana, Case No. 57717. This action was brought by a driver who was involved in a railroad highway grade crossing collision with an Eastbound IC train in Laplace, Louisiana. Plaintiff alleged that a sight obstruction on or near the IC right-of-way prevented her from seeing the approaching Eastbound locomotive. Plaintiff also alleged that the crossing’s warning system was inadequate. Following discovery we moved on behalf of our client, Illinois Central Railroad Company, for rendition of summary judgment seeking dismissal of the plaintiff’s action with prejudice. As to plaintiff’s allegations regarding the sufficiency of the crossing’s warning system we argued that under Louisiana law, absent a finding that the crossing constituted a dangerous trap the railroad only had the statutory obligation to install cross bucks at the crossing. The judge found that the claimed sight obstruction did not render this crossing a dangerous trap as contemplated by Louisiana jurisprudence and therefore the railroad’s duty was satisfied by the installation and maintenance of the cross bucks. There was no evidence of any operational fault on the part of the railroad crew causative of the collision. As a result the judge granted our motion and dismissed the action with prejudice.
Eugene and Shannon Anderson v. Illinois Central Railroad Company, et al. United States District Court for the Eastern District of Louisiana, Case No. 10-153. This case was brought on behalf of the parents of a then 10-year old boy who suffered a traumatic amputation of the outer portion as well as two toes of his right foot while playing on IC’s right of way near an IC train on its approach to Mays Yard in Harahan, Louisiana. The parents also asserted bystander claims pursuant to Louisiana Civil Code article 2315.6 as a result of their finding the boy and providing immediate medical care while awaiting EMS and police to arrive on scene. United States District Judge Kurt D. Engelhardt granted summary judgment and dismissed with prejudice the suit and claims of Mr. and Mrs. Eugene Anderson, individually and on behalf of their minor son. Judge Engelhardt agreed with our position and found that IC owed no duty under Louisiana Law to provide additional warnings to the minor, whose presence on the railroad’s right-of-way that day was unknown to the railroad and its train crew, of the obvious risks posed by playing on or near a momentarily stationary inbound train. See Eugene Anderson et al. v. Illinois Central Railroad Company, 2011 WL 1303865(E.D.L.A.4/4/2011), Engelhardt, J.(slipopinion). A unanimous three-judge panel of The United States Court of Appeals for the Fifth Circuit(5thCir. 11-30747) subsequently affirmed the dismissal.
Sandra Butler v. Illinois Central Railroad Company et al, 19th Judicial District Court, East Baton Rouge Parish, Louisiana; Case No. 536,236, Following the 5-day trial, the 12-person jury returned a verdict denying plaintiff any recovery and absolving our clients, Illinois Central Railroad Company and its conductor, James Carter, from all liability. The action involved the death of a laboratory analyst inside a Baton Rouge chemical plant. The analyst, who was retrieving commodity samples from a Freon storage tank located adjacent to an in-plant line of tracks, was fatally injured when his head and upper extremities were completely severed from his torso by the movement of two empty tank cars. The train crew members, who were in the plant positioning several empty tank cars for subsequent loading on the track adjacent to the Freon storage tank sample location, discovered the decedent’s body beneath one of the empty cars as they worked their train out of the plant. The action was filed by the analyst’s widow, individually and on behalf of their three children. The plaintiff, represented by a 5-member trial team, never made a settlement demand and asked the jury for a 7-figure damage award during closing argument.
Dana Jambon et vir. v. Robert Chugden, M.D. et al. Civil District Court for the Parish of Orleans; Case No. 2002-03023 Div“H”(JudgeBagneris) Defense verdict; no liability. Case involved a 32 year old female patient who presented to the West Jefferson Medical Center Emergency Department with noted vascular problems of the right lower extremity. Patient ultimately underwent a high below the knee amputation of the affected extremity the day following her presentation to and discharge from the WJMC ED. Representation of the two Emergency Medicine physicians who saw the patient in the WJMC ER. Allegations of failure to correctly and timely diagnose acute ischemia resulting in the amputation.
Nona Gonzales et vir v. Dr. Ernest C. Hansen III. 34th Judicial District Court for the Parish of St. Bernard; Case No. 80-446 Div“B”(JudgeFernandez). Defense verdict; no liability. Case involved a 60 year old female patient who was brought to the Chalmette Medical Center Emergency Department with complaints of a sudden onset of chest pain and vomiting. The patient was evaluated and later discharged. Patient presented later that day to the Pendleton Memorial Methodist Hospital Emergency Department where she was diagnosed with an acute myocardial infarction. Representation of the Emergency Medicine physician who saw the patient in the CMC ED. Allegations of failure to correctly and timely diagnose myocardial infarction resulting in damage to the heart and ultimately the patient’s death.
Super Lawyers ®, New Orleans, LA – Transportation/Maritime – Railroad Law, Since 2023
The Best Lawyers in America ©, New Orleans, LA – Medical Malpractice Law – Defendants and Railroad Law, Since 2023
The Best Lawyers in America ©, New Orleans, LA – Personal Injury Litigation – Defendants, Since 2019
Super Lawyers ®, New Orleans, LA, Rising Star, 2016
Selected as a “Top Lawyer” in New Orleans by New Orleans Magazine for Transportation Law, 2015 – 2016, 2019 – 2023
Martindale Hubbell® AV Preeminent® Peer Review Rating, http://www.martindale.com/ratings
New Orleans City Business “Leaders in Law”, 2016
National Association of Railroad Trial Counsel Trial Academy, graduate, 2012
Louisiana Association of Defense Counsel Trial Academy, graduate, 2006
American Achievement Academy, All American Scholar
Cicardo Scholarship Michael Stein Memorial Scholarship
American Inns of Court, Pupil Member
River Parishes Refinery Explosion Memorial Scholarship
Publications
“Cap Conundrum”, Fourth Quarter Edition, The Physician Insurer, a national publication of the Physician Insurers Association of America (PIAA), 2012
“The Letter”, A Lammico Publication, published by LAMMICO, Volume 32, Number 5, September / October 2013.
