HVAC tech awarded $75 million in lawsuit

A Michigan jury this week awarded an HVAC technician over $75 million in a lawsuit against Kroger, following an R-22 explosion that cost him most of his hands. 

What’s happening: In 2020, 37-year-old Brian Mierendorf was servicing a refrigeration system at a Kroger north of Detroit, when a malfunction ultimately caused R-22 to explode into his hands. 

• “[A]s he tried to protect nearby customers from the leak,” the Detroit Metro Times writes, Mierendorf suffered severe injuries that required 25 surgeries and resulted in the amputation of most of his hands. 

What they’re saying: “Kroger had a ticking time bomb in its store… waiting to blow,” said Jon Marko, one of Mierendorf’s attorneys. “Unfortunately, it blew up on Brian and he lost his hands trying to save other people in the store from toxic chemicals being sprayed out in the middle of the day.”

Zoom in: The attorneys argued during the trial that Kroger “failed to properly maintain the refrigeration system and did not provide required documentation of maintenance, repairs, or inspections,” the Detroit Metro Times adds. 

• They noted that the company didn’t produce a complete incident report until more than two years later, and that its defense strategy was to “blame Brian for his heroic actions.”

The bottom line: The jury’s award is a record-breaking liability verdict in Michigan, according to the attorneys. 

• “The verdict sends a clear message to Kroger that Brian’s actions should be commended, and that Brian literally gave up his hands in the line of duty at the expense of himself and his family is priceless,” Marko added. 
• Representatives for Mierendorf and Kroger didn’t return requests for comment.