Kroger CEO Rodney McMullen has resigned following an internal investigation into his personal conduct. Simultaneously, a significant legal ruling against Kroger emerged when an Oakland County jury awarded HVAC technician Brian Mierendorf more than $75 million. The lawsuit stems from a tragic incident in February 2022, where Mierendorf suffered severe chemical injuries due to an explosion of defective refrigerant while performing maintenance at a Kroger store in Bloomfield Township.
Mierendorf attempted to contain the refrigerant leak, which was spewing toxic R-22 refrigerant—a substance that the EPA has phased out. His actions, deemed heroic by his attorney Jon Marko, resulted in Mierendorf undergoing 25 surgeries, leading to the amputation of several fingers. The jury’s verdict, described as “record-breaking” and potentially the largest premises liability judgment in Michigan history, compensates Mierendorf and his wife for both economic and noneconomic damages.
Marko highlighted the negligence of Kroger, claiming the company failed to maintain safe conditions by not installing shutoff valves or adequately inspecting their refrigeration lines, thereby putting customers and employees at risk. Despite these findings, Kroger’s defense attempted to place some blame on Mierendorf for his actions during the incident.
The trial revealed that Kroger lacked documentation of maintenance for the refrigeration system and only provided incomplete incident reports over two years later, raising concerns about the company’s operational oversight. As for McMullen, his immediate resignation adds another layer of turmoil for Kroger during this tumultuous period, as the supermarket chain grapples with the implications of both the investigation and the substantial financial fallout from the lawsuit.
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