Family of Woman Killed After Falling Into an Uncovered Manhattan Manhole Files Wrongful Death Lawsuit Against Con Edison

A wrongful death lawsuit has been filed against Consolidated Edison Company of New York, Inc. (Con Edison) on behalf of the family of Donike Gocaj, a 56-year-old woman who suffered fatal injuries after falling into an uncovered manhole in Midtown Manhattan. The lawsuit alleges that the tragedy was not an isolated accident, but the foreseeable result of years of unsafe infrastructure practices and Con Edison’s failure to implement widely available safety measures.

The complaint was filed in New York Supreme Court by Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, one of New York’s leading personal injury law firms, on behalf of Ms. Gocaj’s estate, her children, and her longtime domestic partner, Jashar Kameraj.

A Preventable Tragedy in the Heart of Manhattan

According to the complaint, shortly after midnight on May 19, 2026, Donike Gocaj exited her vehicle near the intersection of West 52nd Street and Fifth Avenue. Moments later, she unknowingly stepped into an open Con Edison manhole after its cover had become dislodged. She fell into the underground utility vault, where she suffered catastrophic thermal burns from scalding steam and hot water.

Despite immediate rescue efforts by her partner and emergency responders, Ms. Gocaj later died from her injuries.

Con Edison has publicly acknowledged that surveillance footage showed a heavy truck displaced the manhole cover approximately 12 minutes before the fatal incident. The lawsuit argues that this sequence of events was entirely foreseeable and could have been prevented through established engineering and safety practices.

Lawsuit Alleges Decades of Ignoring Known Hazards

The complaint alleges that Con Edison has long been aware that heavy vehicle traffic can displace manhole covers throughout New York City. As the owner and operator of approximately 246,000 manholes and service boxes, the utility has decades of maintenance records, inspection reports, and prior incidents documenting this very hazard.

Howard S. Hershenhorn, senior partner at the firm, stated that this was not a rare or unpredictable event.

“Donike Gocaj’s death was not a tragic accident or a rare occurrence. It was the predictable and preventable result of decades of recklessness by a massive public utility that chose to ignore known hazards, disregard available safety solutions, and prioritize cost savings over the lives of New Yorkers.”

Industry Safety Measures Were Readily Available

According to the lawsuit, numerous safety technologies and procedures are already recognized throughout the utility industry but were not implemented by Con Edison.

These include:

Locking or twist-lock manhole cover systems designed to prevent displacement.
Real-time monitoring technology using IoT sensors capable of detecting when a cover has been moved.
Secondary internal safety devices, such as mesh netting, to prevent falls into open utility vaults.
Regular inspection and maintenance protocols for high-traffic locations.

The complaint also references OSHA safety standards requiring roadway manhole covers to withstand at least twice the maximum expected axle load because the danger posed by heavy vehicles is well understood throughout the industry.

Evidence of a Larger Pattern

The lawsuit contends that this tragedy reflects a broader infrastructure safety problem rather than an isolated failure.

According to the complaint:

The New York City Fire Department has responded to more than 45,000 emergency manhole-related incidents in recent years.
During just January and February, New Yorkers submitted more than 3,200 complaints regarding hazardous manholes.
Con Edison allegedly held an active work permit for the very block where the fatal incident occurred, placing responsibility for maintaining a safe work area on the utility.
Only days after Ms. Gocaj’s death, another lawsuit was reportedly filed involving another allegedly unsecured manhole cover located just three blocks away.

These allegations, the complaint states, demonstrate an ongoing and recurring safety issue that should have prompted corrective action long before this fatal incident.

Seeking Accountability for the Victim and Her Family

The lawsuit seeks compensation on behalf of Ms. Gocaj’s estate, her surviving children, Armando Gocaj and Esterina Gocaj, and her longtime partner, Jashar Kameraj, who witnessed the incident and attempted to rescue her.

The complaint includes claims for:

Negligence
Wrongful death
Conscious pain and suffering
Negligent infliction of emotional distress under New York’s Zone of Danger doctrine
Punitive and exemplary damages based on allegations of reckless conduct.

Attorney Diana Carnemolla noted the devastating emotional impact the incident had on Mr. Kameraj, who was present during the tragedy and desperately attempted to save Ms. Gocaj.

Could This Tragedy Lead to Broader Safety Changes?

Beyond seeking justice for one family, the lawsuit calls attention to what the attorneys describe as a longstanding public safety issue affecting millions of New Yorkers.

The firm is urging regulators and city officials to require utilities to adopt proven safety measures, including mandatory locking mechanisms, real-time monitoring systems, and enhanced inspection protocols designed to prevent future tragedies.

Experienced New York Wrongful Death Attorneys

When a preventable death occurs because a corporation or utility company fails to protect the public from known hazards, surviving family members may have the right to pursue compensation through a wrongful death lawsuit. These cases not only seek justice for grieving families but can also help drive meaningful safety improvements that protect others from similar tragedies.

The personal injury attorneys at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf have represented victims of catastrophic accidents and wrongful death throughout New York for decades. The firm’s attorneys continue to hold negligent corporations, public utilities, healthcare providers, and other institutions accountable when preventable tragedies occur.