BUFFALO, N.Y. (WKBW) — A second lawsuit has been filed in the death of Buffalo firefighter Jason Arno, who was killed battling a four-alarm fire on Main Street in downtown Buffalo in March.
Arno's widow, Sarah Tierney, filed the wrongful death lawsuit in New York State Supreme Court on Wednesday.
It alleges negligence on the part of the City of Buffalo, the Buffalo Fire Department, JP Contracting of Western New York and 743 Main Street LLC led to her husband's death on March 1.
The lawsuit goes on to claim the building's owner, 743 Main Street LLC violated regulations that prohibit open flames on the premises without a fire extinguisher present by allowing workers contracted through JP Contracting to use a propane torch and leaf blower to melt ice outside the building. According to an ATF report, those actions started the fire inside the building.
The owner of 743 Main Street LLC, Chris Jacobs, released the following statement in response to the lawsuit:
“My family continues to keep the Arno family in our thoughts and prayers. At the same time, I fully respect the family’s right to take legal action over this awful tragedy. However, there are several claims about my company’s actions or omissions with the building, which I owned for only 10 weeks, that I believe are inaccurate, but now is not the time to challenge these claims. I pride myself as being a responsible real estate developer as demonstrated by the success of several buildings and properties on Main Street. My goal was to fully restore 743 Main Street in a similar fashion. This is a tragedy that continues to deeply sadden my family and as the matter is now in the process of being litigated, it would be inappropriate for any further comment at this time.”
The lawsuit also alleges the Buffalo Fire Department failed to maintain firefighter accountability when they evacuated the building, claiming they broke visual and voice contact with Arno, leaving him inside the building alone in the moments leading up to his death.
Tierney filed a notice of claim against the City of Buffalo and the fire department in April. The new lawsuit alleges the city and the fire department have "failed, neglected, and/or refused to pay or adjust this claim" since it was filed.
The lawsuit did not specify an amount Tierney is seeking in damages.
Tierney's lawsuit follows a similar action filed by 743 Main Street LLC, claiming JP Contracting was negligent and breached its duties to keep the work site safe.
