Can a Person Really Sue For This?

Not long after the Con Edison steam pipe explosion at Lexington Avenue and East 41st Street, the New York Post reports that a woman "filed a $400,000 negligence suit against Con Ed yesterday, saying she thought she was going to die - the way her sister did on 9/11."

I think nearly everyone can sympathize with her loss on that terrible day, but the question is: Can she actually sue for this?

Nevermind that anyone could probably file a suit against Con Edison for nearly any reason they want and that it's merely a question of whether it will get thrown out of court or not. But what grounds could she have to sue Con Ed on this basis?

From the Post:

"I can still see death," said Francine Dorf, whose sister, Maria LaVache, died at the World Trade Center. "I believe she was my guardian angel. She was there with me, but it wasn't my time to go.

"I can't sleep, I can't eat," added Dorf, 52, who works at a law firm on East 42nd Street. "I can see the smoke and I can see those people running and I think of my sister over and over again."

LaVache, 60, died at the World Trade Center. Her remains have never been found.

Dorf, who filed her suit in Brooklyn Supreme Court, said she is suffering from posttraumatic-stress disorder because of last Wednesday's blast at East 41st Street and Lexington Avenue.

Ms. Dorf may have a legitimate case against Con Edison if she were hit by debris from the explosion or if she later learned that she inhaled asbestos at the scene. There, she may have a case that Con Edison was negligent in keeping their system in good condition, if it is found that Con Edison had indeed been negligent. However, how could Con Ed possibly realize that someone who had lost a family member at the World Trade Center would be suffering (in her words, so far) PTSD from this accident? How could the coincidence between her loss and her being at the scene that day be Con Edison's fault? Was Con Edison somehow supposed to delay the explosion until she was out of the area?

This is the first of what may be many lawsuits against Con Edison, so surely we will hear more of it in the future. If Con Edison is found to be negligent, how would this impact this case that is based on those grounds? Certainly, we will find out in due time.

However, it seems that if Con Ed was negligent, they would have to worry about those injured by the explosion and the asbestos as well as the businesses affected before trying to determine how responsible Con Ed was in this person's harmful memories.