BUFFALO, N.Y. — We have an update on legal action following the building fire back in March, which took the life of Buffalo firefighter Jason Arno.
As previously reported by our partners at Investigative Post, a civil lawsuit was filed against the contracting firm involved with work on that building.
Attorney and Legal Analyst Barry Covert told 2 on Your Side "it's just a standard negligence lawsuit."
But it covers circumstances of the blaze which caused the death of firefighter Jason Arno, who was inside the Main Street structure on March 1.
The lawsuit filed by the building owner, identified as 743 Main LLC, also known to be owned by former U.S. congressman and developer Chris Jacobs, now seeks to find fault with activities of a work crew employed by the defendant firm JP Contracting of Western New York. The suit claims they used a torch to melt snow on the building's exterior masonry and a leaf blower to remove debris without clearing the interior of flammable materials.
Covert says the extensive investigation by the District Attorney's office and fire investigators, including the Federal ATF, will serve as a basis for the suit's claims.
"The owner of the building you can assume will try to use the investigation conducted by the District Attorney's office, fire department, ATF, and I believe that those reports show negligence by the contractor," Covert said. "But again, it's a very standard lawsuit. We would expect that the contracting company, if they have insurance, now puts their insurance carrier on notice.
"Most often the insurance carrier, their lawyers will negotiate with the owner of the building to determine what the value was and see whether there's enough insurance policy to cover that. If not then the contracting company can be responsible for anything beyond the insurance coverage."
No actual dollar amount is listed in this case, and Covert expects some legal wrangling between attorneys for the building owner and the contracting firm over the value of the building.
But as for an actual trial Covert points out, "Most of these cases do get resolved with the insurance company lawyers negotiating with the owner of the building."
It turns out the firm that owns the now demolished structure and filed this suit has a listed address in an office building right adjacent to the targeted contracting company. But 2 On Your Side was specifically told by Chris Jacobs there is no connection between them.
As we previously reported, an attorney representing firefighter Arno's widow filed a notice of claim for a potential wrongful death lawsuit against the City of Buffalo and the Buffalo Fire Department. So far there has been no response from that attorney on the future status of her case.