$76.7 Million Verdict for Pipefitter Injured in Kroger Chemical Explosion

In a catastrophic workplace accident at a Kroger store in Bloomfield Township, Michigan, 37-year-old pipefitter and HVAC technician Brian Mierendorf sustained severe chemical burns while servicing refrigeration lines. The explosion, which occurred during routine maintenance, involved the release of R22, a highly toxic refrigerant. According to Mierendorf’s legal team, he attempted to shield nearby customers from the hazardous chemical spray using his hands, suffering extensive injuries in the process.

As a result, Mierendorf underwent more than 25 surgeries. The damage led to partial or complete amputation of multiple fingers on both hands, leaving him permanently disfigured and disabled. His injuries have had a profound impact on his quality of life and capacity to work.

The Allegations

Mierendorf filed suit against The Kroger Co. of Michigan, alleging negligence in the maintenance and safety of its refrigeration system. His attorney, Jonathan Marko of Marko Law, characterized the equipment as “a ticking time bomb,” arguing that Kroger failed to ensure a safe environment for workers and shoppers alike.

The refrigeration system’s rupture released a pressurized stream of R22, leading to what was described in court as "injection injuries"—a dangerous type of chemical burn that occurs when substances are forced into the skin under high pressure. Marko emphasized that Mierendorf’s actions were not only instinctive but heroic, prioritizing the safety of others in the store at great personal cost.

The Trial

The case was tried in Oakland County Circuit Court, where jurors were presented with evidence detailing Kroger’s alleged failure to maintain safe conditions. The defense argued that Mierendorf bore some responsibility for his injuries, asserting that he failed to follow proper procedures.

However, the jury rejected that argument, finding Kroger solely liable. Marko addressed the defense’s blame-shifting tactics after the verdict, stating, “At trial, Kroger's defense was to blame Brian for his heroic actions. 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.”

The Verdict

On June 17, an Oakland County jury awarded a total of $76.7 million in damages. Of that amount, more than $63 million was granted to Mierendorf to cover his medical expenses, lost wages, and pain and suffering. His wife, Heather Mierendorf, received over $13 million for loss of consortium and companionship.

The verdict underscores the jury’s recognition of the long-term impact of Mierendorf’s injuries, as well as the broader implications of workplace safety failures. It also serves as a stern warning to employers about the legal and financial risks of neglecting equipment safety and employee protection protocols.

What’s Next?

Kroger has appealed an earlier denial of its motion for summary disposition to the Michigan Court of Appeals. The company has not issued a public statement in response to the jury’s decision and did not immediately respond to requests for comment.

The appeal could delay or potentially reduce the final payout, but as it stands, the jury’s award marks one of the largest personal injury verdicts in Michigan this year.

The Law Firms Involved

Brian Mierendorf was represented by Jonathan R. Marko, John T. Eads, and Tyler M. Joseph of Marko Law.

Kroger was represented by Thomas P. Mannion of Lewis Brisbois Bisgaard & Smith LLP, Molly M. Savage, Samantha M. McLeod, and Timothy A. Diemer of Jacobs and Diemer PC, and Michael D. Weaver, Robert A. Marzano, and Aleasha L. Taweel of Plunkett Cooney PC.

The case is titled Mierendorf Brian v. Kroger Co. of Michigan, case number 2024-205824-NO, in the State of Michigan Circuit Court for the Sixth Judicial Circuit.