A New York City construction worker and his wife are taking legal action against a portable toilet company, alleging that a workplace accident has significantly impacted their marital intimacy. Stephen Gressey, an ironworker, was reportedly thrown from a portable toilet while working on the TSX Broadway tower in Times Square in 2023, after the unit 'collapsed' beneath him.
Details of the Incident
According to the lawsuit filed in Manhattan Supreme Court and reported by The New York Post, Gressey was using the portable toilet when it 'tipped over, rolled and fell off a concrete grub'. This sudden movement caused him to be 'catapulted out to the concrete ground below', resulting in serious injuries. The suit claims that the incident left Gressey unable to work and confined to his bed, leading to mounting medical expenses and strain on his relationship with his wife, Janet.
Impact on Personal Life
The lawsuit states that the injuries have impaired Janet's happiness in her husband's company, noting she has 'lost the support, services, love, companionship, affection, society, sexual relations, solace of her husband.' The specific nature of the injuries affecting their sex life remains unclear.
Legal Action and Previous Claims
Gressey is now seeking monetary damages from Rent A Throne, the company that provided the portable toilet, though the amount is not specified. The suit alleges that Rent A Throne 'failed to ensure the proper location and placement of the porta-potty and failed to provide and place any securing devices to keep the porta-potty from moving, rolling, shifting tipping and collapsing.'
This is not the first legal action related to this incident. Gressey previously sued the developer, property owner, and contractors involved in the project. That case remains ongoing. Defendants in that matter have filed motions claiming Gressey was 'recalcitrant' and frequently failed to use safety equipment, and that he 'voluntarily' entered the toilet knowing the 'risks' involved.
