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...