The devastated family of a 56-year-old grandmother who died after falling into an open manhole in New York City has filed a wrongful death lawsuit.
Donike Gocaj was killed on May 18 after she parked her car outside Cartier’s flagship store on Fifth Avenue and fell into the uncovered opening.
Gocaj’s relatives and her partner filed the suit Thursday against utility giant Con Edison, which is responsible for the manhole, the New York Post reported.
According to the lawsuit obtained by the outlet, the family claims the utility company’s negligence caused the grandmother’s fatal injuries.
Family attorney Howard Hershenhorn told the outlet that Gocaj had stepped out of her Mercedes to meet her boyfriend between work shifts when she suddenly plunged into the manhole.
As her boyfriend, Jashar Kameraj, desperately tried to rescue her, Gocaj cried out: “I’m dying, I’m dying.”
Shocked witnesses scrambled to find a ladder, but Gocaj suffered severe burns, inhalation injuries and blunt force trauma. She later died from her injuries.
Kameraj was also injured while attempting to save his partner, suffering burns and inhalation injuries that left him bedridden, according to the lawsuit.
A family friend said that Gocaj, pictured above, was a proud mom and grandmother who just celebrated her son’s wedding
An investigation is ongoing into why the manhole was uncovered. It is believed that the covering became dislodged after a truck drove over it. The scene after the tragedy is pictured above
The family claims ConEd endangered Gocaj, Kameraj and other New Yorkers by failing to take proper safety measures to prevent manhole covers from coming loose.
The filing alleged that the company was aware the manholes could ‘become dislodged and displaced by, among other things, vehicle traffic and/or heavy vehicles.’
ConEd said a passing truck may have knocked the utility hole cover loose just minutes before Gocaj arrived and parked along the avenue, per the outlet.
‘Assuming that what they said is true, that a truck passed over it and dislodged it, it’s pretty obvious negligence that it wasn’t placed back correctly by Con Ed, who is responsible for that manhole cover,’ Hershenhorn told the Post.
The family’s attorney argued that the city received more than 3,200 complaints about manhole hazards in just the first two months of the year.
They added that ConEd, which maintains roughly 285,000 manholes, should install stronger locks, real-time monitoring and backup safety devices to prevent falls.
The family is seeking unspecified damages for the lasting physical, emotional and financial harm caused to Gocaj’s loved ones, along with punitive damages against ConEd.
Donike Gocaj (left) has been named as the woman who fell into a manhole and died after parking her Mercedes just off Manhattan’s Fifth Avenue on Monday night
Gocaj had scald burns on her body and suffered from blunt force trauma on her torso, an autopsy report said. She was pronounced dead at the hospital. Emergency responders at the scene are pictured above
Con Edison, New York’s power provider responsible for the manhole, is investigating why it was uncovered. Officials covering it up after the tragedy is pictured above
The family claims ConEd endangered Gocaj, Kameraj and other New Yorkers by failing to take proper safety measures to prevent manhole covers from coming loose
‘We extend our condolences to the family and loved ones of the deceased,’ a ConEd spokesperson for the company told the outlet.
‘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.’
Daily Mail reached out to ConEd for comment.
