A Plaintiff’s Shifting Narrative: Refuting Plaintiff’s Assertion the Ladder Shifted

Join Hurwitz Fine Labor Law attorneys David R. Adams and Tyler J. Eckert for the February Labor Law Pointers Case of the Month, featuring Callan v. RCB3 Nominee, LLC (1st Dept., Jan. 15, 2026). This session will examine what types of testimonial evidence are strong enough to counter a plaintiff’s claim that a ladder “shifted” or “moved,” and how such evidence can defeat a prima facie showing under Labor Law §240(1).

In Callan, the Appellate Division held that the plaintiff’s statement in the accident report—that he missed a step—did not contradict his assertion that the ladder shifted and caused his fall. Using this decision, along with several additional examples, we will develop a practical roadmap for identifying witness testimony that can meaningfully rebut ladder-shift claims. All are welcome to attend.

For more information and to register, click here.