Family sues Con Edison after woman dies in uncovered Manhattan manhole
Donike “Donna” Gocaj’s estate alleges Con Edison failed to secure a 10-foot manhole before her fatal fall in Midtown Manhattan.
By Georgia Hale · Staff Writer
3 min read
Donike “Donna” Gocaj had just parked in Midtown Manhattan and was heading to her overnight cleaning job when she stepped into an uncovered 10-foot manhole, police said. Now her family is taking Con Edison to court.
Gocaj’s estate filed a civil lawsuit Thursday against the utility, alleging that Con Edison failed to keep the opening near East 52nd Street and Fifth Avenue covered, guarded or otherwise made safe before the 56-year-old fell in May.
The complaint, filed in New York County, accuses Con Edison of careless and reckless conduct and says the company’s alleged disregard for safety led to Gocaj’s death. The lawsuit does not list a specific dollar amount being sought in damages.
Family says manhole had no warning
According to the lawsuit, the manhole was left open with no barrier, cone, warning light, sign or other safeguard to keep pedestrians from falling in.
Gocaj’s family alleges Con Edison was responsible for maintaining the manhole and making sure it did not pose a danger to people in the area.
Police said Gocaj had parked her car near East 52nd Street and Fifth Avenue on May 18 before she fell. The location is in the heart of Midtown, near some of Manhattan’s busiest blocks.
The city medical examiner found that Gocaj did not die from the fall alone, according to NBC News. Her death was attributed to burns, inhalation of scalding steam and blunt-force injury to her chest.
The lawsuit says Gocaj endured conscious pain while trapped in the manhole. It alleges she was heard screaming, “I’m dying! I’m dying!” before her death.
Con Edison points to surveillance footage
Con Edison has said surveillance video appeared to show a large truck dislodging the manhole cover by driving over it, according to NBC News. The company said such incidents are rare but can happen.
According to the utility, the footage shows Gocaj parking near the manhole about 12 minutes after a multiaxle truck appeared to knock the cover out of place.
The lawsuit, brought by Gocaj’s estate, says the fatal fall was caused or contributed to by Con Edison’s alleged negligence and disregard for the safety of others.
Gocaj is survived by her children, Armando and Esterina Gocaj, and her longtime domestic partner, Jashar “Jack” Kameraj, according to the complaint.
Con Edison declined to address the specific allegations because the case is pending.
“We extend our condolences to the family and loved ones of the deceased,” Con Edison spokesperson Anne Marie Corbalis said in a statement to NBC News.
Corbalis said the company would review the complaint and respond through the legal process.
This story draws on original reporting from NBC News.