Erving man sues Clarkdale after wind tips over portable toilet

Recorder Staff
Last modified: 2/25/2016 9:47:29 AM
DEERFIELD — On a fruit farm surrounded by the rolling hills of Deerfield, an Erving man found himself in a messy situation when a gust of wind tipped over the portable toilet he was in.

This was roughly two years ago, but the lawsuit settlement filed by Daniel Hammock for alleged negligence is still pending.

“It was an act of God; there was no intentional malice,” said Clarkdale Fruit Farm owner Ben Clark. He said that the portable toilet tipped over on a windy November day, during apple picking season.

The portable toilet was scheduled for pickup the next day by the portable toilet rental company Bostley Sanitary Services, which carries the slogan “We’re #1 in the #2 Business!”

After the incident, which Hammock’s wife witnessed from inside the couple’s van, the fourth-generation farm owners removed the man from inside the portable toilet, let him use the shower on the premises and gave him a fresh pair of clothes. Hammock did not immediately return multiple calls for comment.

“It was a horrible thing, obviously,” said Clark. “The next week we found out that he got a lawyer.”

According to Clark, the portable toilet insurance company is negotiating an agreement, and like any insurance settlement, there is a lot of back and forth.

The farm owners expect that there will be a settlement out of court within a few weeks.


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