BERKELEY, Calif. -- On Sunday evening a Memorial Oak Grove tree-sitter fell from the supply-line that is used to ferry food, water and people into and out of the tree-sit protest.

The traverse-line was created after the university erected a fence around the tree-sitters and spans from a tree inside the fenced in area to a tree outside the fence.

Video: Tree Sitter Recovers In Hospital | SLIDESHOW: Tree Sitter Falls 40 Feet

24-year-old Nate Hill is recovering from a broken wrist and a broken ankle after falling 40-feet from the branches of the oak grove he is has been fighting to save.

Hill was taken to Highland Hospital where he was treated for a broken arm above the wrist and a broken leg above the ankle.

Hill said he was trying to exit the grove on Sunday night to visit his father. He thought he was connected to a traverse line but he was mistaken.

"I hopped off the branch and went sailing," he said.

Hill said although he does not want to place blame he believes the accident would not have happened if the university had not put up a fence around the grove.

"What the University is doing to attempt to push us out is not safe and safety is first," he said.

University spokesman Dan Mogulof says the fall is not the university's fault.

"The accident is very regrettable but to state the obvious, completely avoidable," he said. "Things like this wouldn't happen if people who are illegally occupying university property were obeying the law."

Meanwhile, Judge Barbara Miller is set to render her decision any day on the legality of the university's expansion plans for the area.

Hill said he worries about the safety of the rest of the tree sitters if a judge allows the university to move forward with plans to cut the trees down.

"If someone's extracted or coming after you or something of that nature fear can definitely play a part in someone falling again," he said.

The university also recently built a second fence surrounding the grove.

UC Police Chief Victoria Harrison said that the school built the new fence as a security measure prior to the forcible removal of the protesters from the trees.