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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"

Tsukiyumi wrote:
Source

Now, I understand that there should've been signs and cones up, but what exactly is the mother trying to say here? That her fifteen year old daughter isn't responsible for minding her own surroundings? Since she walked straight into an open manhole, I doubt she would have noticed any signs or cones either.

So, if I'm driving my car, and I hit some doofus that walked into the street at the last second while he's texting, I'm somehow at fault?

I hope the crap gets thrown out as soon as it's filed.

Cpl Kendall wrote:

Tsuki wrote:So, if I'm driving my car, and I hit some doofus that walked into the street at the last second while he's texting, I'm somehow at fault?

You probably would be at least partially at fault if your laws are anything like here.

Lt. Staplic wrote:
The reason Tsuki would be charged is Tsuki in a car at least has the ability to break and avoid killing the stupid person (regardless of how much better off people would be if he didn't). I don't exactly see a manhole having the ability to sidestep the girl.

There might be some minor neglagence they could get on the part of the workers but come on, grow a pair and realize when you f'd up instead of blaming it on everyone else.

Captain Picard's Hair wrote:Well, I hope I've adequately convinced you that not ALL Staten Islanders are this dumb!

Pretty close to home really; my college is located on Victory Blvd.

Tsukiyumi wrote:And, Kendall - nope, we have no pedestrian right-of-way laws here in Texas. We've got something called the "law of PAY ATTENTION, JACKASSES!"

Lt. Staplic wrote:

Tsukiyumi wrote:And, Kendall - nope, we have no pedestrian right-of-way laws here in Texas. We've got something called the "law of PAY ATTENTION, JACKASSES!"

you've got to be kidding....

though would you be charged with vehicular manslaughter if he died?

Tsukiyumi wrote:
Why wouldn't it be that way? Roads are for cars, not idiots strolling out in front of cars.

In the example, I said, "if the guy walked out at the last second". If I didn't have enough room to stop, I might get some minor ticket.

You can't just gun it in the parking lot and run down a crowd, or something.

Lt. Staplic wrote:true, up here though I know a person that got a ticket because they drove across an intersection while someone was crossing the street there, they were on the other side (in front of the traffic heading the other direction) but they still wound up with the ticket.

Captain Seafort wrote:

Lt. Staplic wrote:true, up here though I know a person that got a ticket because they drove across an intersection while someone was crossing the street there, they were on the other side (in front of the traffic heading the other direction) but they still wound up with the ticket.

Was that specifically what the ticket was for, or were they jumping a red by doing it?