Defense smokes pipefitter’s claims.

The plaintiff, a pipefitter employed on a construction site, claimed he tripped and fell over a 2’ x 4’ metal stud, causing him to sustain a shoulder injury and subsequent surgery. The plaintiff sued the owner and general contractor under the New York State Labor Law. At his deposition in 2018, the plaintiff produced a photograph showing a loose metal stud lying on the floor of the construction site. When questioned as to who took the photograph, he stated his friend a co-worker, took the photo but that he was not there when it was taken. Four days later, the defense visited the friend and showed him the photograph produced. The friend denied ever taking the photograph and showed the defense the one photograph that he did take of the plaintiff merely sitting on a bench after the incident. 

During trial, the plaintiff again produced the photograph (which was entered into evidence) and testified that it was taken by his friend and co-worker, Brian. The plaintiff also testified that he was not wearing sunglasses at the time of his fall, despite an email from a co-worker to his employer who witnessed the incident stating that he was. The email also stated that the plaintiff tripped and fell while trying to squeeze between two vertical metal studs while wearing a work backpack and carrying two energy drinks. 

When the plaintiff rested his case, we called the eyewitness to the stand, who testified that the plaintiff tripped and fell trying to fit through two vertical studs while wearing a backpack and sunglasses. He further testified that the plaintiff tripped over a fixed plate on the floor, not a loose stud. The defense then called the plaintiff's friend and co-worker to the stand, who testified that he did not take the photograph produced by the plaintiff, nor did he give the photograph to the plaintiff. The jury rendered a defense verdict.