Buffalo asks for dismissal of wrongful death lawsuit involving firefighter
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BUFFALO, N.Y. (WIVB) -- The City of Buffalo has filed documents in the wrongful death lawsuit of Firefighter Jason Arno, asking for the case to be dismissed ahead of a court date next week.
Arno died responding to a fire on Main Street in Buffalo in March of 2023. His widow, Sarah Tierney, filed a wrongful death lawsuit alleging the city and the fire department were negligent in Arno's death.
The suit references reports by the fire department and the state department of labor, saying four of Arno's mayday calls were missed. That state report also said equipment was nonfunctioning.
In its cross motion filed this week, Buffalo and it's fire department claim Arno did not activate his man down button during the fire. In the documents, the city and department also say the case should be dismissed as firefighters know the risk of the job so they cannot "recover damages for negligence."
Both sides are scheduled to be in court next week.