BUFFALO, N.Y. — The owners of DC Theatricks are suing the contracting company and building owner of their former location at 743 Main St. in downtown Buffalo.
That was the location of the deadly fire last March that fire killed Buffalo firefighter Jason Arno.
The lawsuit claims negligence on the part of the building owner, 743 Main Street LLC, and outlined 26 different instances where the building owner did not prioritize the safety of the occupants of the property.
That LLC is owned by former U.S. Rep. Chris Jacobs.
In the 25-page lawsuit, attorneys representing the owners of DC Theatricks blame 743 Main Street LLC, which owns the property, and JP Contracting of WNY, LLC, which was working on the building when the fire started, for losing their business and life's work.
The lawsuit alleges negligence by those two parties led to the fire.
It cites several examples, including saying JP Contracting did not exercise reasonable care in its use of the propane torch and/or leaf blower that started the fire and allowed it to spread.
It also blames 743 Main Street LLC for being negligent by saying it didn't have proper and adequate fire suppression systems or smoke detectors and fire extinguishers in the building.
The lawsuit also says both companies violated codes and didn't have the proper permits to do work on the building.
It also alleges the defendants should have known that the work that was being done was dangerous.
In July, investigators ruled the fire accidental and said it was started by workers using a blow torch outside the building. No criminal charges were filed.
The attorney representing DC Theatricks was not available for an interview Thursday afternoon. The lawsuit does not say how much money they're looking to get.
743 Main Street LLC, which is owned by Jacobs, gave 2 On Your Side a statement saying, "We were surprised to learn that DC Theatricks filed a lawsuit yesterday seeking to recover for property damage resulting from the fire that occurred at 745 Main Street last year. Regrettably, the fire resulted in the loss of firefighter Jason Arno’s life. The investigators concluded that the fire was accidental in nature. While we are sympathetic to DC Theatricks' situation, placing the blame on 743 Main Street LLC, which only recently purchased the building, is misplaced.
"DC Theatricks was in the best position to protect its property through insurance coverage, but it chose not to do so. For DC Theatricks to now claim that there were dangerous conditions at the property, when there is no evidence that it ever complained about them — despite being a 40-year occupant — and considering that it would have been in the best position to recognize the conditions it now complains about, in light of its work and business presence in the building, we have to question both the timing and motivation behind this lawsuit.
"While we are disappointed in this further litigation, 743 Main Street LLC will vigorously defend against it through the legal process.”
Back in November, Arno's widow filed a wrongful death lawsuit against the City of Buffalo, the Buffalo Fire Department, the owner of the former building on Main Street where Arno died, and JP Contracting, the company investigators found started the fire.
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