DETROIT — A jury in Michigan has awarded over $75 million to an HVAC technician who was severely injured by a refrigerant explosion at a Kroger store. The incident occurred in February 2022 when Brian Mierendorf responded to a maintenance call regarding refrigeration lines, resulting in devastating injuries to his hands that have since required numerous surgeries.
Mierendorf’s attorney, Jon Marko, revealed the jury’s decision on June 17, describing it as a landmark verdict in premises liability cases in Michigan. The jury considered both economic and non-economic damages for Mierendorf and his wife, Heather, related to their suffering from the time of the accident and extending into the future.
The explosion involved R-22, a refrigerant that the U.S. Environmental Protection Agency has been phasing out due to its harmful environmental effects. Though the chemical’s production was banned in 2020, it was still in use at the time of the incident. According to Marko, Mierendorf suffered critical injuries while attempting to cap a line that was spewing the toxic gas in an effort to protect customers.
As he struggled to contain the leak, Mierendorf’s left hand became stuck, causing severe chemical burns and resulting in the eventual loss of several fingers. He has since undergone 25 surgeries in a desperate attempt to salvage his hands. Marko criticized Kroger for its alleged negligence in maintaining the refrigeration system, asserting that they failed to provide adequate warnings, inspections, and safety measures that could have prevented the catastrophic incident.
Marko stated that at trial, Kroger’s legal team attempted to shift blame to Mierendorf for his actions during the emergency. He emphasized that Mierendorf’s efforts were commendable, as he acted heroically to protect others, ultimately sacrificing his own well-being.
In their complaint, Mierendorf and his legal team alleged that Kroger was responsible for the dangerous conditions that led to the explosion, including a lack of necessary shutoff valves in the vicinity of the refrigeration lines. The suit also pointed out that Kroger failed to produce relevant maintenance records during the trial, which is required by law.
As of June 18, representatives for Kroger had not responded to requests for comment regarding the jury’s decision or the allegations against the company.
This case highlights the serious implications of workplace safety and the responsibilities employers have to protect their employees and customers alike. The jury’s verdict serves as a warning to businesses about the potential legal consequences of neglecting safety protocols.
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