NY Man Who Fell Down a Hill Inside a Portable Toilet Wins Day in Court

New York Lawyer ^ | February 10, 2005 | Mark Fass

[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."

[Chad Fairbanks]

What I wanna know is, did he square everything away with the dirt he was either buying or selling?

[Coop]

:-)

[CitizenM]

I can hear the judge’s questions:

Q: Where were you when you felt the Port-A-Potty shift?
A: Inside
Q: I mean, exactly. Like, were you standing or sitting?
A: Ah, Your Honor, ahem, ok, ahhh, I was, ahem, sitting, sir.
Q: Okay. Now did you create any sudden movements to make the potty shift….
Etc., etc., etc…..

[patton]

That...is the most unromantic Valentine's day story that I have ever heard.

[Osage Orange]

Don't tell me....

His name is Jonny

[Squantos]

LOL !

Well that was a shitty thang to do !........;o)

[patton]

"create any suddon movements?" ????? LOL

"Yeah, I had the trots."

[patton]

Just don't create any "sudden movements." LOLOL

[Coop]

That...is the most unromantic Valentine's day story that I have ever heard.

Perhaps that's why Hallmark won't return my calls.

[Squantos]

LOL.......

[Darkwolf377]

Maybe they shared a love of bathroom humor and stuck it out. Or they split the cost of a very, very large pack of paper towels to clean up with, and after that bonding experience found true love.

[Cagey]

[Deetes]

Ewwwwww! Falls in the realm of a bad day squared!

ROTFLOL !!!!!!

OMG That must have left a mark !

[PatrickHenry]

Toilet Calamity Ping List

[k2blader]

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.

Sounds like this poor guy deserves redress. If it hadn't happened to him, it would have happened to someone else, probably a construction worker.

Besides, porta-potties are of the devil.

[tob2]

OMG ..... so embarassing!

[Dog]

We even have a tiolet ping list...LOL!

[RaceBannon]

Some military guy did it to the guy who was dating his sweetheart, Tommy Lee Jones did it to his rival in the movie SPACE COWBOYS

[festus]

Bad as it is this is not the worst potty story. A gentleman on a jobsite nearby was sitting in the shitter one fine morning when a crane landed on it. Seems the crane operator was sick and the general had an untrained operator run the thing.