Posted on 02/13/2005 11:53:07 AM PST by philo
NY Man Who Fell Down a Hill Inside a Portable Toilet Wins Day in Court
A man who fell down a hill in a portable toilet may have a cause of action against the contractor that leased it, a state court has ruled.
Looking to either buy or sell dirt, plaintiff Joseph A. Fascenelli stopped by a construction site in Katonah where defendant Eric Asher Co., Inc., was constructing three homes, according to Fascenelli v. Eric Asher Co., Inc., 1503/02.
Mr. Fascenelli spoke with a laborer then asked to use the portable toilet. After entering, he felt the toilet tip outward. It fell down a hill, causing unspecified injuries. In addition, "[e]verything was exhausted from the pot on top of me," Mr. Fascenelli testified.
Putnam County Supreme Court Justice Andrew P. O'Rourke denied the defendant's motion for summary judgment, holding that the company had "not sustained its burden of demonstrating that it had no duty to plaintiff to insure the safe location of the portable toilet at the work site, and thus that defendant [had] not demonstrated entitlement to judgment as a matter of law."
OMG.....LMAO
Ewwwwww! Falls in the realm of a bad day squared!
He must've had a real sh*tty day.
So... what is dirt going for these days? Cheap I bet...
LOL! Wish I could have been there. Sounds like someone's trying to get money out of their own stupidity.
Seems like I saw a port-a-pottie roll down a hill in a movie or commercial or something.
Anyone remember that?
Was he a buddy of Cedric, the Entertainer?
There you stand, all spick and span. Where were you when the toilet went down the hill?
Film at 11
"D'oh!" (bang) "D'oh!" (hits rock outcropping) "D'oh!" (flips over again) "D'oh!" etc.
Note to self: always make sure the porta potty to be used is not perched on a dangerous cliff.
Talk about shit rolling downhill!!!
"the company had 'not sustained its burden of demonstrating that it had no doodie to plaintiff to insure the safe location of the portable toilet at the work site...'"
What this poor s.o.b. looked like, upon finally climbing out from under:
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I think the death penalty would be applicable here.
How many showers would it take to wash that kind of filth off of your body? Yuck.
Reminds me of a buddy who was out in the field one time. Apparently this young female officer and a sergeant found each other attractive. So they (don't ask me why) chose to, uh, exercise their passion inside a portable pottie. Unfortunately for them some of the other Marines heard the ruckus, got some duct tape, sealed the door and knocked the love nest over.
I'm not sure, but I imagine they didn't see each other again. :-)
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