THE heartbroken family of a grandma who died after plunging into an open NYC manhole is reportedly suing Con Edison, claiming the utility company failed to keep it safe.

The wrongful death lawsuit also alleges the company failed to properly secure the manhole, leaving Donike Gocaj’s longtime partner severely burned after he desperately tried to save her.

Donike Gocaj, 56, died after falling into an unmarked manhole

The freak accident took place in May outside the Cartier flagship store in NYC

The lawsuit was filed Thursday in New York Supreme Court by Gocaj’s family and partner, Jashar “Jack” Kameraj, over the horror incident that unfolded on May 18 near East 52nd Street and Fifth Avenue.

According to the complaint, Gocaj, 56, had parked her car and stepped out to meet Kameraj between work shifts when she plunged into the uncovered utility hole.

The Westchester County mom and grandmother repeatedly screamed, “I’m dying, I’m dying,” as horrified witnesses searched for a ladder while Kameraj tried to climb into the manhole to rescue her.

But Gocaj later died from scald burns, inhalational thermal injuries and blunt force trauma after becoming trapped inside the steam-filled hole.

Kameraj also allegedly suffered devastating burns and inhalation injuries during the rescue attempt, leaving him bedridden, according to the lawsuit.

Family attorney Howard Hershenhorn told the New York Post the desperate rescue unfolded in front of helpless bystanders.

“It was a frantic scene, right there with everybody trying to save her because they could see her through the hole. They could hear her through the hole, but they could not help her,” he said.

“And Jack … she was really his family, and she was the closest person to him, and they would see each other all the time, every day, and they were extremely close.”

The lawsuit claims Con Edison endangered Gocaj, Kameraj and countless other New Yorkers by allegedly failing to implement adequate safety measures to stop manhole covers from becoming displaced.

According to the filing, the company knew its manhole covers could “become dislodged and displaced by, among other things, vehicle traffic and/or heavy vehicles.”

Con Edison had previously said a passing truck appeared to have knocked the cover loose less than 15 minutes before Gocaj arrived and parked nearby.

But Hershenhorn argued that, even if that account is accurate, it still points to negligence.

Bystanders attempted to rescue her, but she lost consciousness before emergency services arrived

Gocaj (pictured with her daughter) was pronounced dead at the hospital

“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,” he said.

The family’s lawyers also pointed to city data showing more than 3,200 complaints about manhole hazards were made between January and February alone.

“This is not a one-time incident,” attorney Diana Carnemolla said in a statement.

“The data shows systemic failure. Con Edison has known for decades that heavy vehicle traffic displaces manhole covers. It has known how to prevent this. And it has chosen to do nothing.”

The suit argues Con Edison should install stronger locking systems, real-time monitoring technology to detect displaced covers and secondary safety devices to stop people falling into open manholes.

The family is seeking unspecified compensatory damages for the physical, emotional and financial losses suffered by Gocaj’s children and Kameraj, as well as punitive damages against the utility company.

A Con Edison spokesperson said: “We extend our condolences to the family and loved ones of the deceased.

“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.”

Hershenhorn described Gocaj as a devoted mother and grandmother who spent decades working multiple jobs to support her family after losing her husband.

“This is a woman who lost her husband 20 years ago, and she raised these two kids by herself, working two jobs, both jobs that most people don’t wanna do, meaning cleaning banks and buildings and toilets,” he said.

“But she did that so she could give her kids an education, so that she could give the kids a home, and then she was able to accomplish all of that.”

“There’s no amount of money in the world that could have replaced this lady, and there’s no amount of money in the world that could compensate her or the family for her pain and suffering.

“More important than any of that is to make sure that this never happens again.”

The U.S. Sun has contacted ConEd for comment.

Source: https://www.the-sun.com/news/16705475/family-sues-coned-grandma-nyc-manhole/