An ironworker and his wife are suing a portable toilet company following a 2023 accident in Times Square . Stephen Gressey alleges that a collapsing unit caused severe injuries that devastated his health and marriage.

The TSX Broadway Tower Catapult

The incident occurred in 2023 while Stephen Gressey was performing irowork duties at the TSX Broadway tower in New York City's Times Square. According to the lawsuit, a portable toilet used by workers tipped over, rolled, and fell off a "concrete grub," effectively catapulting Stephen Gressey onto the concrete ground below.

The force of the fall resulted in serious physical injuries that left the worker bedridden and unable to return to his profession. This sudden loss of income, combined with mounting medical expenses, has created a significant financial burden for the Gressey family, as reported by The New York Post.

Rent A Throne and the Claim of a Ruined Sex Life

The legal action, filed in Manhattan Supreme Court, names the portable toilet firm Rent A Throne as the defendant. Beyond the physical and financial toll, the suit emphasizes the emotional and relational damage caused by the accident. Stephen Gressey and his wife, Janet,claim that the injuries sustained during the fall have ruined their sex life .

Such claims of "loss of consortium" are not uncommon in personal injury lawsuits involving spouses, but the specific nature of this accident has drawn significant attention. The lawsuit argues that the inability of Stephen Gressey to maintain his physical health has fundamentally altered the intimate dynamic of the marriage.

The 'Recalcitrant' Defense and Safety Equipment

Rent A Throne has not remained silent in the face of these allegations. In motions filed with the court, the company describes Stephen Gressey as "recalcitrant," claiming that the worker frequently ignored safety protocols and failed to utilize required safety equipment on the job site.

Furthermore, the defense argues that Stephen Gressey entered the portable toilet voluntarily and was fully aware of the inherent risks involved in doing so. by framing the accident as a result of the worker's own negligence rather than equipment failure, Rent A Throne seeks to mitigate its liability for the damages claimed by the couple.

NYC Construction Liability and the 'Concrete Grub' Risk

This case reflects a broader tension in New York City's high-density construction environment, where temporary facilities must be balanced against extreme spatial constraints.. The mention of a "concrete grub"—a temporary support or base—highlights the precarious nature of site infrastructure in Manhattan, where equipment is often perched on uneven or temporary surfaces.

Historically, construction lawsuits in New York often hinge on the "Scaffold Law," which places a high burden of responsibility on property owners and contractors to ensure safety.. While this case involves a third-party vendor, Rent A Throne, it echoes the ongoing legal battles over who is ultimately responsible when temporary site amenities become hazards.

The Missing Role of the TSX Broadway Project Manager

Despite the detailed claims from both Stephen Gressey and Rent A Throne, several critical pieces of information remain missing from the public record. specifically, the source does not clarify whether the general contractor for the TSX Broadway tower was involved in the placement of the unit or if they had inspected the "concrete grub" for stability prior to the accident.

Additionally, it remains unclear if any OSHA (Occupational Safety and Health Administration) reports were filed immediately following the 2023 collapse. As reported by The New York Post, the case is ongoing, and the court has yet to determine if the worker's alleged failure to use safety gear was a contributing factor to the severity of his injuries.