Kansas City fights ruling reinstating firefighter involved in deadly 2021 crash

Kansas City has renewed its effort to override an arbitrator’s order that the firefighter driving the pumper truck involved in a 2021 multi-fatality crash in Westport get his job back and serve just a three-day suspension without pay.

The city filed a motion Thursday in Jackson County Circuit Court asking the court to vacate the award issued by arbitrator Leland Shurin that substantially limits disciplinary action against Dominic Biscari, who was driving the truck when it ran a red light in an intersection. The resulting crash killed three people.

“While we support our employees, we believe there must be consequences to unlawful actions committed while on duty,” Mayor Quinton Lucas said in a statement Thursday. “The City must remain committed to public safety and accountability.

“At the direction of Mayor and Council, the City Attorney’s Office will continue to challenge the arbitrator’s conclusion at the trial level, and, as necessary, up to the Missouri Supreme Court,” Lucas said. “I continue to extend my condolences to the families, coworkers, and friends of Jennifer San Nicolas, Michael Elwood, Tami Knight, and all who loved them.”

In its filing, the city sharply criticized the arbitration process.

“This arbitration by ambush resulted in the arbitrator far exceeding his authority and implying that the City was complacent in the ambush,” it said. “As such, the entire award should be vacated, and the parties returned to their pre-arbitration positions. In the alternative, the award should be modified.”

Also on Thursday, the City Council adopted a resolution directing the city attorney “to take any legal actions necessary to challenge the arbitrator’s ruling” and expressing condolences to the victims’ families and loved ones.

Raymond Salva Jr., attorney for the International Association of Fire Fighters Local 42, which represents most firefighters, declined to comment on the city’s actions.

The crash occurred on Dec. 15, 2021, when the KCFD pumper entered the intersection against a light that had been red for 16 seconds, traveling 51 mph in a 35-mph zone, according to police. The pumper struck a Honda CR-V driven by San Nicolas, then hit three parked vehicles — one of which struck Knight, a pedestrian — and crashed into a building at 4050 Broadway. The crash killed Knight, San Nicolas and her passenger, Elwood.

Biscari pleaded guilty in February 2023 to three counts of involuntary manslaughter, avoiding a criminal jury trial in which he faced the possibility of being convicted and sentenced to up to 12 years in prison. He instead was sentenced to three years’ probation and 40 hours of community service.

After Biscari’s plea, the city suspended him without pay and announced plans to fire him. Local 42 filed a grievance to block Biscari’s termination, saying the collective bargaining agreement between the city and the union required the city to have just cause to discipline an employee and to provide due process to the employee.

After a hearing, Shurin ruled in Biscari’s favor in March 2024. The city then filed a civil suit asking the court to vacate the ruling, arguing that Shurin exceeded his authority in deciding what Biscari’s punishment would be when that was not at issue in the grievance. The court sent the matter back to Shurin, attempts at further mediation failed and Shurin issued his final ruling on Aug. 18.

That ruling — which the city is challenging in Thursday’s filing — awaits the court’s confirmation.

In its new filing, the city argued that Shurin exceeded his authority in multiple areas.

First, it said, he addressed issues beyond the scope of the grievance. The union’s original grievance, the city contended, only challenged Biscari’s suspension pending resolution of his criminal case — not the underlying disciplinary action for the crash itself.

Shurin also ordered discipline for unresolved matters, the city said in Thursday’s filing.

“The arbitrator issued disciplinary recommendations for the underlying incident before the City had done its investigation or imposed any discipline related to the event,” the filing said.

And, the city argued, Shurin violated Missouri law that requires arbitrators to only decide issues specifically given to them.

“Under Missouri’s Uniform Arbitration Act,” the city said, “courts must vacate awards when arbitrators exceed their authority.”

This story was originally published September 18, 2025 at 5:51 PM.