BUFFALO, N.Y. (WKBW) — There are new legal documents that have been filed in response to the lawsuit against the City of Buffalo and the Buffalo Fire Department regarding the 2023 fire that killed firefighter Jason Arno.
On March 1, 2023, Arno was killed battling a four-alarm fire on Main Street in Downtown Buffalo. His family filed a lawsuit following the tragedy, alleging neglect in the overall matter.
The attorneys for the City of Buffalo and its fire department demand that the case against them be dismissed.
WATCH: City of Buffalo responds to lawsuit filed after 2023 fire that killed firefighter Jason Arno
Arno's widow cites the Buffalo Fire Department Incident Review and Summary in the lawsuit. The review was submitted in September 2023, but was made public in August. It states that all four of the mayday calls made by Arno from inside the burning building were missed due to "excessive radio traffic in conjunction with the 2 fire events."
In the new documents, Fire Division Chief Patrick Britzzalaro said Arno did not activate his man-down button. A PESH report from the Department of Labor states the radio emergency alert button was not activated, but determined the fire department had non-functioning equipment and inadequate accountability.
Buffalo Fire Department Commissioner William Renaldo has been questioned on whether there was a violation of the 2-in, 2-out rule. He said firefighter Brandon Ersing was in the burning building that day, and Ersing thought he was next to Arno on the way out, but he confused him with someone else. In a written response, Ersing writes, "I grabbed firefighter Arno's air tank and told him we were leaving," but Ersing says he became disoriented due to heavy smoke. He said he assumed the person next to him on the way out was Arno, but he couldn't see a thing.
Now there are also questions about Ersing's role that day as acting lieutenant. The lawsuit claims it violates the civil service law. However, Commissioner Renaldo says this is called "acting up" and that Ersing was allowed to be the acting lieutenant due to staffing that day.
