Family of grandmother who was killed falling into open NYC manhole files wrongful death suit against ConEd

A grandmother’s tragic death after falling into a steaming, open manhole in New York City has led her family to file a wrongful death suit against Con Edison, alleging the utility company’s negligence was responsible for the accident.

The lawsuit, filed in New York Supreme Court, claims that Con Edison failed to secure the access point to the manhole, which led to the death of 56-year-old Donike Gocaj on May 18. Gocaj had stepped out of her vehicle to meet up with her boyfriend, Jashar “Jack” Kameraj, between work shifts when she plummeted into the uncovered, sweltering utility hole near East 52nd Street and Fifth Avenue.

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According to the lawsuit, Kameraj suffered devastating inhalation thermal injuries and burns while trying to save Gocaj, leaving him now bedridden. The lawsuit also alleges that Con Edison knew that its manhole covers, including the one Gocaj fell into, could “become dislodged and displaced by, among other things, vehicle traffic and/or heavy vehicles.” A representative for ConEd previously told The Post that a passing truck appeared to have dislodged the utility hole’s cover less than 15 minutes before Gocaj arrived.

Photo: nypost.com

Gocaj’s family and partner are seeking an unspecified amount of compensatory damages to cover the severe physical, emotional, and financial devastation suffered by Gocaj, her surviving children, and her partner. They are also demanding punitive damages to penalize Con Ed. Con Edison maintains roughly 285,000 manholes, and the lawsuit argues that the company should implement stronger manhole locking systems, a real-time monitoring system to detect whether covers have been displaced, and secondary safety devices to catch people if they manage to fall into one.

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The lawsuit comes after more than 3,200 complaints were filed with the city about manhole hazards between January and February alone. “This is not a one-time incident,” Diana Carnemolal, counsel for the grieving family, said in a statement. “The data shows systemic failure. Con Edison has known for decades that heavy vehicle traffic displaces manhole covers. It has known how to prevent this. And it has chosen to do nothing.”

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Gocaj’s attorney, Howard Hershernhorn, said that the mom and grandmother sacrificed everything to give her family a good life. “This is a woman who lost her husband 20 years ago, and she raised these two kids by herself, working two jobs, both jobs that most people don’t wanna do, meaning cleaning banks and buildings and toilets,” Hershernhorn said. “But she did that so she could give her kids an education, so that she could give the kids a home, and then she was able to accomplish all of that.”

Con Edison released a statement saying, “We extend our condolences to the family and loved ones of the deceased. Because the matter is pending litigation, we cannot comment on specific allegations or legal proceedings. Con Edison will review the complaint and respond through the appropriate legal process.” The case is now pending in New York Supreme Court.

Source: NYPOST