(NEW YORK) — The family of a Westchester grandmother who died after falling into an open manhole in Midtown Manhattan filed a wrongful death lawsuit against the utility responsible for the manhole, alleging its workers failed to properly seal the cover.
Donike Goncaj, 56, fell into the manhole at 52nd Street and Fifth Avenue on May 18 and died of scald burns and thermal inhalation from the steam. The lawsuit, filed in New York State Supreme Court on Thursday, says she suffered “severe, horrifying, and catastrophic injuries.”
The Office of the Chief Medical Examiner ruled Goncaj’s death an accident.
The utility, Con Edison, concluded a truck ran over the manhole and dislodged the cover and noted in a statement in May that “while this is a rare occurrence, manhole covers can get displaced by heavy vehicles.”
The lawsuit, filed by Goncaj’s son on behalf of her estate, and her domestic partner, alleged ConEdison “should have known that dislodged and displaced manhole covers presented a recurring and foreseeable danger to pedestrians” and accused the utility of negligence, carelessness and reckless disregard for their mother’s safety.
Someone falling to their death in a manhole “ordinarily does not occur in the absence of negligence,” the lawsuit said.
The lawsuit contended that ConEd and its contractors “had a duty to maintain” the manhole “in reasonably safe conditions,” including warning pedestrians and providing a ladder or staircase to exit it.
ConEd did not immediately comment on the suit. In May, it said it was investigating the situation and working with the city in its probe.
“Our thoughts remain with her family, and safety remains our top priority,” ConEd said in a statement a day after the incident.
According to the lawsuit, Goncaj’s domestic partner, Jashar Kameraj, witnessed her falling into the scalding hot manhole and tried to rescue her, to no avail.
Kameraj and Goncaj’s son are seeking unspecified damages.
-ABC News’ Ivan Pereira contributed to this report.
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