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."
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DUE TO CIRCUMSTANCES BEYOND MY CONTROL, MY BRAIN IS CURRENTLY NOT FUNCTIONAL. MY EMPLOYER HAS BEEN NOTIFIED. AT THIS TIME, I HAVE NO WAY OF PREDICTING HOW LONG THIS ISSUE WILL TAKE TO CORRECT.