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NY Man Who Fell Down a Hill Inside a Portable Toilet Wins Day in Court
New York Lawyer ^
| February 10, 2005
| Mark Fass
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."
TOPICS: Miscellaneous
KEYWORDS: buydirt; dagdabmit; dirtbath; eticket; holysht; honeypot; lawsuit; myfavoriteride; ooopppsss; poopvictim; portolet; sithole; toilettrauma; yuck
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To: PatrickHenry
Toilet... Calamity... ping list.
All-righty then.
What they hey, add me on. Sometimes I need to hear that someone's having a sh*ttier day than I am. ;-)
41
posted on
02/13/2005 12:32:49 PM PST
by
dbwz
(The more things change, the more they remain... insane.)
To: RaceBannon
When I was in the Army a poor soul was in a honey-bucket that was too close the landing zone. The rotor wash of a CH-47 blew it over...
This was in Alaska in the winter...ouch. They rushed the guy to hospital.
To: PatrickHenry
Please remove me from your toilet calamity ping list, except for calamities involving pictures with females.
To: MarineBrat
You know how the saying goes that Sh*t rolls down hill.
44
posted on
02/13/2005 12:41:05 PM PST
by
rdcorso
(Liberals Save A Murderers Life & Demand The Innocent Be Aborted & Starved)
To: Diverdogz
There was an episode of "Jackass" where Johnny Knoxville took a video camera into a portapotty and had a dump truck of some sort pick the thing up and turn it upside down. It was disgusting, you could see all the sh!t water pour out from underneith the door when then turned it right side up again.
45
posted on
02/13/2005 12:50:28 PM PST
by
Husker24
To: freeangel
Well, if you need money, look for a construction site with a porta potty perched on a hill. Make up some phoney story about dirt, buying or selling or both, then ask to use the toilet.
Get inside, hold your breath, and intentionally tip it over with the intent of suing the guy that did you a favor by letting you use his toilet.
Oh, please put me on that jury.
To: philo
Geez, the only thing that could have made this worse was if it happened first thing on a Momday morning.
47
posted on
02/13/2005 12:55:48 PM PST
by
JoeV1
(The Democrats-The unlawful and corrupt leading the uneducated and blind)
To: VadeRetro
Please remove me from your toilet calamity ping list Sorry. You were born on the list. No one can ask to get on or off.
48
posted on
02/13/2005 1:01:10 PM PST
by
PatrickHenry
(<-- Click on my name. The List-O-Links for evolution threads is at my freeper homepage.)
To: PatrickHenry
Sounds like a heckuva bowel "movement". Gives new meaning to the phrase Porta-Potty.
49
posted on
02/13/2005 1:35:17 PM PST
by
mindgames
("You can call me crazy, but don't forget to call me for dinner.")
To: PatrickHenry
Sounds like a heckuva bowel "movement". Gives new meaning to the phrase Porta-Potty.
50
posted on
02/13/2005 1:36:34 PM PST
by
mindgames
("You can call me crazy, but don't forget to call me for dinner.")
To: 13foxtrot; martin_fierro; Boazo; PatrickHenry; Squantos; cyborg
....This was in Alaska in the winter...ouch. They rushed the guy to hospital.
Nuclear Dumping Site ping:
Show me an Alaskan Men's Room and I'll show you an ICBM.
(ducking for cover)
51
posted on
02/13/2005 1:45:10 PM PST
by
The Spirit Of Allegiance
(ATTN. MARXIST RED MSM: I RESENT your "RED STATE" switcheroo using our ELECTORAL MAP as PROPAGANDA!)
To: philo
NY Man Who Fell Down a Hill Inside a Portable Toilet Wins Day in Court If there was a hill inside a portable toilet that was large enough for a man to fall down, that must not be much of a portable toilet. Also, I wonder what that hill was made of?
52
posted on
02/13/2005 1:48:25 PM PST
by
Rich_E
To: Blurblogger
Here it is!
53
posted on
02/13/2005 2:03:37 PM PST
by
Boazo
(From the mind of BOAZO)
To: steveo; martin_fierro
Looking to either buy or sell dirt, ------- So... what is dirt going for these days? Cheap I bet...
LOL! I love the wit on this site.
54
posted on
02/13/2005 2:06:35 PM PST
by
beyond the sea
(Barbara Boxer is Barbra Streisand on peyote ......and is the north end of a south bound mule.)
To: Dog
Do you have any idea how many articles are found when you do a search for the the word "toilet" in the title?
55
posted on
02/13/2005 2:47:54 PM PST
by
eccentric
(aka baldwidow)
To: philo
THE BUMPER DUMPER:
56
posted on
02/13/2005 3:02:05 PM PST
by
ViLaLuz
To: Coop
"...got some duct tape, sealed the door and knocked the love nest over." One of the more mean-spirited things you can do to a fellow human being, imho...MUD
57
posted on
02/13/2005 3:52:33 PM PST
by
Mudboy Slim
(Decrease the Federal Expenditures as a percentage of GDP from its present 20% to 12% by 2013!!)
To: Coop
"...got some duct tape, sealed the door and knocked the love nest over." One of the more mean-spirited things you can do to a fellow human being, imho...MUD
58
posted on
02/13/2005 3:52:37 PM PST
by
Mudboy Slim
(Decrease the Federal Expenditures as a percentage of GDP from its present 20% to 12% by 2013!!)
To: philo
Please tell me he is a lawyer.
To: PatrickHenry
Not what you'd consider a high-volume ping list, is it?
60
posted on
02/13/2005 4:07:49 PM PST
by
Junior
(FABRICATI DIEM, PVNC)
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