GAIR, GAIR, CONASON, RUBINOWITZ, BLOOM, HERSHENHORN, STEIGMAN & MACKAUF FILES WRONGFUL DEATH LAWSUIT AGAINST CONSOLIDATED EDISON OVER UNCOVERED MANHOLE THAT KILLED MANHATTAN WOMAN

Action Alleges Con Edison's Decades of Recklessness and Failure to Implement Industry-Standard Safety Measures Led to Donike Gocaj's Fatal Fall

NEW YORK, July 17, 2026 /PRNewswire/ -- Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf announced yesterday that it has filed a verified complaint in New York Supreme Court against Consolidated Edison Company of New York, Inc., on behalf of the family of Donike Gocaj and her domestic partner, Jashar Kameraj.

On May 19, 2026, at approximately 12:12 a.m., 56-year-old Donike Gocaj stepped out of her vehicle near the intersection of West 52nd Street and Fifth Avenue in Manhattan. Moments later, she fell into an open, uncovered Con Edison manhole. Despite desperate rescue efforts by her boyfriend and emergency responders, Ms. Gocaj sustained severe thermal burns from scalding steam and water within the subsurface vault and succumbed to her injuries.

Con Edison has publicly acknowledged that surveillance footage shows a heavy truck dislodged the manhole cover just 12 minutes before Ms. Gocaj fell through the open shaft.

"Donike Gocaj's death was not a tragic accident or a rare occurrence, as Con Edison claims," said Howard Hershenhorn, senior partner at the firm. "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."

THE SCOPE OF THE HAZARD

Consolidated Edison owns, operates, and maintains approximately 246,000 manhole covers and service boxes throughout New York City. Every day, hundreds of thousands of vehicles, delivery trucks, city buses, sanitation trucks, and commercial vehicles pass directly over these covers.

The New York City Fire Department has documented more than 45,000 emergency manhole incidents during recent years alone. During the two-month period of January and February alone, residents filed over 3,200 complaints to the City of New York regarding manhole hazards.

"This is not a one-time incident," noted Diana Carnemolla, counsel to the Gocaj family. "The data shows a 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."

CON EDISON'S KNOWLEDGE AND FAILURE TO ACT

The complaint alleges that Consolidated Edison possessed actual knowledge of the hazard of manhole cover displacement. Con Edison itself has stated publicly that "manhole covers can get displaced by heavy vehicles." The utility has decades of internal maintenance records, inspection data, and prior incidents documenting this exact problem.

Despite this knowledge, Con Edison failed to implement basic industry-standard safety measures, including:

• Locking mechanisms (bolted or twist-lock systems) designed to secure covers against displacement from vehicle traffic
• Real-time monitoring systems using Internet of Things (IoT) sensors to detect when covers have been displaced and alert maintenance personnel
• Secondary safety devices (such as internal mesh netting) designed to catch persons falling through open shafts
• Systematic inspection and maintenance protocols (standard practice calls for at least twice-yearly inspections in high-traffic urban areas)

OSHA standards (29 CFR 1926.502) explicitly require that manhole covers in roadways support at least twice the maximum axle load of the largest vehicles expected to cross them. These standards exist because the risk is foreseeable and well-understood throughout the utility and construction industries.

"Other cities, other utilities, and other municipalities have implemented these safety measures," said Howard Hershenhorn. "Con Edison knew how to prevent this. The technology exists. It is not experimental. It is not prohibitively expensive. Con Edison simply chose not to invest in it."

THE HUMAN TOLL

The lawsuit is brought on behalf of Donike Gocaj's estate and her surviving family members, her children, Armando Gocaj and Esterina Gocaj. The action also includes claims on behalf of Jashar Kameraj, Ms. Gocaj's domestic partner of many years, who was present when she fell into the manhole and desperately attempted to rescue her.

"Jashar was with Donike that night," Diana Carnemolla said. "He watched her fall. He tried to save her. He heard her screams. No one should have to endure what he endured. And no one should have to lose a loved one to a hazard that a major utility company could have, and should have, prevented."

The case asserts causes of action for negligence, conscious pain and suffering, wrongful death, and negligent infliction of emotional distress under the zone of danger doctrine, along with claims for punitive and exemplary damages.

View the Complaint

ABOUT THE FIRM

Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a Manhattan-based personal injury law firm representing clients throughout New York and New Jersey. For decades, the firm has advocated for victims of catastrophic injuries and their families, securing substantial recoveries while holding negligent individuals, corporations, healthcare providers, and institutions accountable.

CONTACT: Howard S. Hershenhorn [email protected]
or Diana Carnemolla [email protected]
at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf
(212) 943-1090

SOURCE Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf