New York Post

ZAP-TRAGEDY SUIT

By ALEX GINSBERG

The families of a young couple electrocuted as they stepped from their car during a massive summer thunderstorm in Queens a year ago are pointing the finger at the city and Con Edison, alleging that officials ignored longstanding flooding problems at the intersection.

In a lawsuit filed last week in Queens Supreme Court, the families of Alana Berenson and Joseph Cheetham are seeking unspecified damages in the Aug. 11, 2004, deaths of the two maritime academy students.

"There's nothing that replaces your kid," said Alana's father, Bruce, 50. "And I can't say that any amount of money would do that. But at a certain level, you know that that is what makes people sit up and take notice."

Alana Berenson and boyfriend Joseph Cheetham, students at SUNY Maritime College in The Bronx, were driving to the Berensons' College Point home about 3:20 p.m. when rainwater flooded the intersection at 15th Avenue and 117th Street.

As the rising waters threatened to inundate the car, Alana, 19, and Joseph, 23, stepped out — and were instantly shocked by a downed power line.

Berenson said he was not willing to accept the official word that the freak accident couldn't have been prevented.

"The answers came from both the city and Con Ed too fast," he said. "They said, 'Nothing we could have done — act of God.' They were respectful and that was genuine, but I'm not sure about the explanation that came along with all the facts."

The suit names the city Departments of Transportation and Environmental Protection, alleging that the agencies ignored an obvious drainage problem.

"That was a high-flood area," said lawyer Evan Torgan. "The people there were complaining for years to the city."

Torgan also said he had spoken with two witnesses who reported seeing a Con Edison crew working on a power line just before the storm. The crew, acting on orders from a supervisor, packed up and left in a hurry — possibly leaving power lines exposed.

A Con Edison spokesman said the company could not comment because it hadn't yet seen the papers.

City Law Department spokeswoman Shira Strassman said her agency had also not yet seen the suit.

"Obviously, these cases involved very tragic circumstances," she said. "We will evaluate any incoming papers carefully."


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