BUFFALO, N.Y. — The widow of fallen Buffalo Firefighter Jason Arno has 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.
In the 30-page lawsuit filed Wednesday, the widow said the firefighters' death was a direct result of the parties’ “negligence, carelessness, and recklessness.” Her attorney, Charles Desmond, told 2 On Your Side they are pursuing legal action to prevent other families from experiencing the same tragedy.
“They all played roles in causing and contributing to this horrific event,” he said. “It's time to move forward with this claim, get information exposed and try to change some of the practices of all the parties involved.
Jason Arno was killed while battling a four-alarm fire at 745 Main Street on March 1. Investigators believe Arno — a three-year member of the Buffalo Fire Department serving with Engine 2 — was killed by smoke inhalation and thermal injuries while trapped inside the DC Theatricks building. The lawsuit claims he suffered "conscious pain and suffering, pre-death terror, and fear of impending death."
Investigators determined that workers using a propane torch and leaf blower sparked the blaze. But back in July, Erie County District Attorney John Flynn announced no criminal charges would be filed after the ATF ruled the fire was an accident.
However, the ATF’s months-long investigation did find the building had no fire alarms or sprinkler system and that the work was being done without a work permit.
Regardless of the outcome, Desmond said this action is the closest they feel they can get to justice. The family has not yet specified exactly how much in monetary damages it is seeking.
“I think they'll feel they can help prevent a situation like this in the future, they will least feel some reward for trying to prevent it,” Desmond said.
The building’s owner Christopher L. Jacobs released a statement Wednesday in response to the filing:
“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.”
Federal Investigators found that the Main Street building, which Chris Jacobs's company-owned, did not have any fire alarms, or a sprinkler system and was being worked in without a permit.