BUFFALO, N.Y. (WKBW) — The City of Buffalo will pay nearly $6 million to settle a wrongful death lawsuit filed after the fire that killed firefighter Jason Arno.
On March 1, 2023, Arno, 37, 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.
Sarah-Elizabeth Tierney, Arno's widow, cited the Buffalo Fire Department Incident Review and Summary in the lawsuit. The review was submitted in September 2023, but was not made public in August 2025.
Among the findings were the following:
- 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."
- Radio contact with the downed firefighter was never attempted by on-scene personnel
- Emergency headcount was requested, but never completed
- The Self-Contained Breathing Apparatus "were equipped with the ability to connect via Bluetooth" for emergency evacuations, but the technology program to assist this "was not purchased"
- Improper training and procedures
- Another firefighter who was in proximity to Arno broke contact and communication with him
- Negligence and carelessness allegations against the property managers and contractors who were working on the property that day
Monday morning, as a civil trial was set to begin, the city settled with Tierney for $5.9 million. The settlement will be paid out to Arno's estate, which includes Tierney. There was also a settlement with JP Contracting of WNY. That amount was not disclosed but described as "significant."
Family attorney Charles Desmond described the toll the case took.
"It's been a very tough road for the family, particularly the wife and daughter, and they just do not want to see something like this happen anymore for our fighters in the future," Desmond said.
WATCH: City of Buffalo to pay nearly $6M to settle lawsuit after fire that killed firefighter Jason Arno
State Supreme Court Justice John Delmonte was set to preside over the trial, but instead approved the agreement between the city and the family.
"This action is now duly noted as settled and concluded as a matter of record," Justice Delmonte said.
"We wish to express our profound regret for the tragedy that took the life of firefighter Jason Arno," Kevin Burke, the attorney representing the Buffalo Fire Department, said.
Burke announced the city will pay the settlement in three installments.
"The total sum of $5,924,500 that will be paid in three equal annual installments of $1,974,833.34 in July of 2026, 2027, 2028," Burke stated in court.
Desmond called it a landmark resolution.
"It's the largest court resolution of a case against the Buffalo Fire Department in the City of Buffalo's history. So we would hope this would bring accountability," Desmond said.
When asked whether the city accepts responsibility, Burke said every injury — and especially every loss of life — triggers a thorough internal review.
"Every time there's any injury, and certainly in the rare instances, if there's a loss of life, there's a top-to-bottom review of every single step in the process. This was no different," Burke said.
Desmond said the family never wants to see this happen again and is working to make sure changes have been made.
"They want to see further safety requirements, laws and regulations will be complied with and they are going to actually be involved in that process going forward," explained Desmond.
Buffalo Mayor Sean Ryan issued the following statement on the matter:
"The loss of Jason Arno in the line of duty was a tragedy that shook Buffalo Fire Department and our city as a whole. While no legal remedy can ever undo this tragic loss, we believed it was important to work toward a resolution that avoided putting Mr. Arno's loved ones and the city through a long and emotional trial. I want to thank the Corporation Counsel’s office and all parties involved for working collaboratively to reach this agreement. I hope that it provides some measure of closure for the Arno family."
Arno is survived by his wife, Sarah, and daughter, Olivia. The settlement must still be approved by the Buffalo Common Council.
