Full Breakdown
Family Sues Con Edison Over Fatal Midtown Manhattan Manhole Accident
7/18/2026, 1:24:47 AM
Incident Overview
On May 18, 2026, Donike Gocaj, a 56-year-old resident of Briarcliff Manor, Westchester County, parked her Mercedes-Benz SUV on East 52nd Street near Fifth Avenue in Midtown Manhattan at approximately 11:19 p.m. After exiting the vehicle, she stepped onto an uncovered, 10-foot-deep manhole and fell inside. Emergency responders found her unconscious; she was later pronounced dead at Cornell Weill Medical Center. The city medical examiner determined the cause of death to be a combination of scald burns with inhalational thermal injury and blunt-force trauma to the torso.
Prior Safety Concerns & Manhole Statistics
Manhole covers in New York City are maintained by several entities, including the Department of Environmental Protection (? 400,000 covers) and Con Edison (? 285,000 covers). Between January 1 and the date of Gocaj’s death, the city’s 311 system recorded 717 complaints about missing or defective manhole covers, up from 381 in the same period the previous year. Con Edison has previously acknowledged that heavy vehicles can dislodge covers, describing such incidents as “rare.”
Legal Claims & Allegations
A wrongful-death suit filed on July 16, 2026 in New York State Supreme Court alleges that Con Edison and its contractors “grossly neglected” their duty to keep the manhole “safely covered,” failed to install warnings or barriers, and ignored prior complaints about the same location. The complaint asserts that the utility “should have known that dislodged and displaced manhole covers presented a recurring and foreseeable danger to pedestrians.” Plaintiffs—Gocaj’s son, children Armando and Esterina, and longtime domestic partner Jashar Kameraj—seek unspecified compensatory and punitive damages.
Criticism & Opposition
Attorney Howard Hershenhorn described the incident as “caused and/or contributed to by the negligent, careless, grossly negligent, reckless, wanton and willful conduct… of Con Edison.” Counsel Diana Carnemolla emphasized systemic failure, noting that “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.”
Official Statements from Con Edison
Con Edison released a statement expressing condolences and noting that “safety remains our top priority.” The utility said it is reviewing the lawsuit and will respond through the appropriate legal process. In a separate comment, a spokesperson referenced surveillance footage indicating that a multi-axle truck turned onto 52nd Street from Fifth Avenue and “dislodged” the cover approximately twelve minutes before Gocaj parked. The company reiterated that while such cover displacement is uncommon, it can occur when heavy vehicles pass over a manhole.
Eyewitness Accounts
Witness Carlton Wood, 36, recounted seeing Gocaj step out of her car, fall, and then hearing her repeatedly scream, “I’m dying.” A CBS New York reporter noted that a passerby called 911 after hearing the screams.
Conflicting Reports & Gaps
The lawsuit attributes the open cover to Con Edison’s negligence, whereas the utility attributes the displacement to a passing truck, citing video evidence. City officials also noted that an open work permit existed for the site, yet no construction was underway at the time of the incident, leaving the precise chain of responsibility unresolved.
Verbatim Quotes
- “Donike Gocaj Photo provided "We extend our condolences to the family and loved ones of the deceased.” — Anne Marie Corbalis, Con Edison spokesperson
- “I’m dying! I’m dying.” — Donike Gocaj (as reported)
- “was caused and/or contributed to by the negligent. careless, grossly negligent, reckless, wanton and willful conduct of and conscious disregard for the rights, lives and safety of others by the defendant” — Howard Hershenhorn, attorney for the family
- “It was like she disappeared,” — Carlton Wood, eyewitness
- “We have reviewed video footage from the area which suggests that the cover was dislodged after a multi-axle truck turning onto 52nd Street from 5th Avenue drove over it,” — Con Edison spokesperson
