On June 19, 2018, the appellate court covering Manhattan upheld the pre-trial dismissal of a wrongful death claim filed by the family of a 23 year old female who was electrocuted and burned to death when she came in contact with a downed live power line during Superstorm Sandy. Simply summarized, the Court held that: "the decedent's recklessness in approaching live power wires in the midst of a major storm in order to take photographs was the sole legal cause oh her death." The Court emphasized that even if Con Ed was negligent in maintenance of of the power lines or responding promptly to the emergency, "decedent's recklessness was a superseding cause of her death."
It was noted that the decedent had ample warning of the dangers in venturing outside her home because she had been shocked when when she touched a metal gate in front of her home, and then returned to her home, but went out again - barefoot - to take photos. Her boyfriend told the police that he warned her not to go outside because the live wires were jumping around. The police report concluded that while taking photos a live wire jumped hitting the victim which caused her to go on fire. Abraham v Consolidate Edison, 2018 WL 3026293