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vivfox
07-11-2009, 04:10 PM
By Victoria Cavaliere
Sat., July 11, 2009

We all know that walking and texting is a tough combination -- but a Staten Island teen learned the hard way when she fell into an uncovered sewer manhole while trying to send a message.

Now, the family of Alexa Longueira, 15, intends to sue.

The girl suffered a fright and some scrapes on her arms & back after she dropped into the hole on Victory Boulevard.
"It was four or five feet, it was very painful. I kind of crawled out and the DEP guys came running and helped me," Longueria told the Staten Island Advance.. "They were just, like, 'I'm sorry! I'm sorry!"

For its part, the Department of Environmental Protection said its workers had turned away briefly to grab some cones when the incident occurred.

"We regret that this happened and wish the young woman a speedy recovery," DEP spokeswoman Mercedes Padilla said in a statement. She added that crews were flushing a high-pressure sewer line at the time.

The girl was checked out at Staten Island University Hospital and released.

Sewer line workers are supposed to cut off pedestrian access to work sites or at least mark them with warning signs.

The family said they will file a lawsuit -- for what, though, is not immediately clear. Her mother, Kim Longueira, said it doesn't matter that her daughter was walking and texting, and also, the 'gross' factor that can't be ignored.

"Oh my God, it was putrid," she said. "One of her sneakers is still down there"

http://www.msnbc.msn.com/id/31853449/?GT1=43001

strandinthewind
07-11-2009, 04:49 PM
You reap what you sew :shrug:

paleshadow
07-11-2009, 05:11 PM
While I'm no fan of incessant texting, having a manhole left uncovered is very dangerous under any circumstance.

strandinthewind
07-11-2009, 05:21 PM
While I'm no fan of incessant texting, having a manhole left uncovered is very dangerous under any circumstance.

True - however, it is not like this fool would have seen any warning signs :shrug:

I guess I am a cynic because I see people texting and walking all the time and they just cause trouble for everyone. GRRRRRRRRRRRRRRRRRRRRRR

nailatixela
07-11-2009, 05:31 PM
I wonder if Stevie will read about this. LOL. "See what I mean now, you know?"

bucklind17
07-11-2009, 06:02 PM
True - however, it is not like this fool would have seen any warning signs :shrug:

I guess I am a cynic because I see people texting and walking all the time and they just cause trouble for everyone. GRRRRRRRRRRRRRRRRRRRRRR

It's so ridiculous. NYC streets are crowded enough as it is, now we have people paying zero attention to where they are going because they are texting/blackberrying/iPhoning while walking down a busy city street. Usually too slowly, while we're at it!

paleshadow
07-11-2009, 06:29 PM
True - however, it is not like this fool would have seen any warning signs :shrug:

I guess I am a cynic because I see people texting and walking all the time and they just cause trouble for everyone. GRRRRRRRRRRRRRRRRRRRRRR

Nah, it annoys the Hell out of me also, though more so when people text while driving. There really should have been barricades in place if the manhole was meant to be left open though. It could have easily been a senior citizen who had fallen down that hole. A bicyclist or an automobile could have hit it, causing injuries and damage. Hell, I've been known to trip over a curb or two when I'm deep in thought and walking. I don't think the family should be awarded damages in this case though, but I think if the utility company is at fault for the open manhole, they should be fined for safety violations.

JWS
07-11-2009, 06:56 PM
She is lucky she wasn't struck by a car and killed. Anybody texting while crossing a street is just asking for it, manhole or not.

vivfox
07-11-2009, 07:55 PM
I don't think the family should be awarded damages in this case though, but I think if the utility company is at fault for the open manhole, they should be fined for safety violations.

She'll never win this lawsuit. First she has to prove it was a utility person who left it uncovered. Secondly, think of all the losers who crawl into these things on a regular basis and leave the covers off so they can see the light to get back out.
There is an underworld down there below NYC. and many other cities as well.

JWS
07-11-2009, 07:59 PM
She'll never win this lawsuit. First she has to prove it was a utility person who left it uncovered. Secondly, think of all the losers who crawl into these things on a regular basis and leave the covers off so they can see the light to get back out.
There is an underworld down there below NYC. and many other cities as well.

According to the report, the "DEP" had already acknowlegded pulling the cover off. However, since she only had minor injuries, what's the case? There are no damages to speak of. I can't see a lawyer taking this case as there is no big pay day at the end.

paleshadow
07-11-2009, 09:01 PM
She'll never win this lawsuit. First she has to prove it was a utility person who left it uncovered. Secondly, think of all the losers who crawl into these things on a regular basis and leave the covers off so they can see the light to get back out.
There is an underworld down there below NYC. and many other cities as well.

Like JWS said the DEP workers were present and did not have the area marked, in fact they "turned their backs" to get cones to mark the area when the girl fell. The areas are supposed to be blocked before the covers are removed, so I think the city will likely settle before it even gets to court. The parent's seem to already have $$ in their eyes. The mother said it's not just about the injuries, but "The gross factor". Boo hoo.

vivfox
07-11-2009, 09:54 PM
Like JWS said the DEP workers were present and did not have the area marked, in fact they "turned their backs" to get cones to mark the area when the girl fell. The areas are supposed to be blocked before the covers are removed, so I think the city will likely settle before it even gets to court. The parent's seem to already have $$ in their eyes. The mother said it's not just about the injuries, but "The gross factor". Boo hoo.

Would you believe if it wasn't for you and JWS I wouldn't have known what really happened? I posted the article and after reading your two posts I was wondering where you got the info to blame the city? So I go into the link to read the article and realize I had forgotten to post the bottom half--which btw I didn't even know was there in the first place.
Also I was wondering about the lack of info when I first read this.
Thank you Ledgie friends!

paleshadow
07-11-2009, 09:59 PM
Would you believe if it wasn't for you and JWS I wouldn't have known what really happened? I posted the article and after reading your two posts I was wondering where you got the info to blame the city? So I go into the link to read the article and realize I had forgotten to post the bottom half--which btw I didn't even know was there in the first place.
Also I was wondering about the lack of info when I first read this.
Thank you Ledgie friends!

LOL! I'd believe it because I didn't see it at first either!