The family of a woman who died after falling into an uncovered 10-foot-deep manhole in Manhattan filed a lawsuit against New York City’s largest utility, saying she experienced “unfathomable” pain.
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Con Edison’s “careless, grossly negligent, reckless, wanton and willful” disregard for safety caused the death of Donike “Donna” Gocaj, her family said in the lawsuit filed Thursday.
Gocaj, 56, had parked her car in midtown Manhattan on May 18 and was headed to her job as an overnight cleaner when she stepped out of her vehicle and into the uncovered manhole near East 52nd Street and Fifth Avenue, police said.
ConEd was responsible for keeping that opening covered and safe from anyone possibly falling into it, according to a lawsuit filed by Gocaj’s estate.
The manhole was “open, uncovered, unguarded, unbarricaded and unprotected, without any warning, barrier, cone, light, signage or other safeguard of any kind,” said the New York County civil complaint.
The utility company said surveillance footage suggested that a large truck dislodged the manhole cover by driving over it. Though it’s rare, ConEd acknowledged it does happen. According to the utility, the surveillance video shows Gocaj parking her car near the manhole about 12 minutes after a multiaxle truck appears to dislodge the cover.
Gocaj did not die from the fall but as a result of burns and the inhalation of scalding steam, along with blunt-force injury to her chest, according to the city’s medical examiner.
Gocaj’s death was exceedingly gruesome and painful, her loved ones said.
She suffered “unfathomable and extensive conscious pain” and was heard screaming “I’m dying! I’m dying!” while trapped in the manhole, according to the lawsuit.
The victim was survived by her children, Armando and Esterina Gocaj and longtime domestic partner Jashar “Jack” Kameraj, the lawsuit said.
The fatal fall “was caused and/or contributed to by the negligent. careless, grossly negligent, reckless, wanton and willful conduct of and conscious disregard for the rights, lives and safety of others by the defendant” ConEd, the plaintiffs’ attorney Howard Hershenhorn said.
The civil action did not name a dollar figure sought for damages.
A ConEd representative declined to discuss the pending litigation on Friday.
“We extend our condolences to the family and loved ones of the deceased,” ConEd spokesperson Anne Marie Corbalis said in statement to NBC News.
“Because the matter is pending litigation, we cannot comment on specific allegations or legal proceedings,” Corbalis said. “Con Edison will review the complaint and respond through the appropriate legal process.”
