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Buffalo Agrees to $5.9 Million Settlement in Firefighter LODD Lawsuit

4 weeks ago 76

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The City of Buffalo has agreed to pay nearly $6 million to settle a wrongful death lawsuit arising out of the March 1, 2023 fire that claimed the life of Buffalo Firefighter Jason Arno.

The settlement was announced this morning (May 11, 2026) just before a jury trial was scheduled to begin in New York State Supreme Court. Under the agreement, the City will pay $5,924,500 to Firefighter Arno’s estate in three annual installments. The family also reportedly reached a separate settlement with JP Contracting of WNY, although the amount was not disclosed.  

Firefighter Arno, 37, died while operating at a four-alarm fire on Main Street in downtown Buffalo. His widow, Sarah-Elizabeth Tierney, filed suit against the City of Buffalo, the building owner, and contractors connected to renovation work occurring at the property. The lawsuit alleged numerous failures associated with fireground operations, communications, training, and building conditions. We covered the filing of the lawsuit in November 2023.

According to reports cited in the lawsuit, Firefighter Arno transmitted four mayday calls from inside the building, but all four were missed due to “excessive radio traffic in conjunction with the 2 fire events.” The Buffalo Fire Department’s Incident Review and Summary also reportedly found that radio contact with the downed firefighter was never attempted by on-scene personnel, and that an emergency headcount (PAR) was requested but never completed.  

The report further noted that self-contained breathing apparatus used by firefighters had Bluetooth capability that could assist with emergency evacuations, but “the technology program to assist this was not purchased.” Additional findings reportedly included improper training and procedures, and that another firefighter operating near Firefighter Arno broke contact and communication with him prior to the collapse.  

The lawsuit also alleged negligence against property managers and contractors working at the scene on the day of the fire. Earlier reports about the fire referenced ongoing construction activity and alterations within the structure.

During Monday’s proceeding, Erie County Supreme Court Justice John DelMonte approved the settlement and stated: “This action is now duly noted as settled and concluded as a matter of record.”  

Attorney Charles Desmond, representing the Arno family, described the resolution as “the largest court resolution of a case against the Buffalo Fire Department in the City of Buffalo’s history.”  

Buffalo Mayor Sean Ryan issued a statement following the settlement, calling Firefighter Arno’s death “a tragedy that shook Buffalo Fire Department and our city as a whole.”  

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