$76M+ Verdict in Grocery Store Premises Liability Case
Maintenance is a necessity for any appliance, and grocery stores have giant refrigerator and freezer units that require regular maintenance. In February of 2022, a Kroger Grocery store near Detroit, MI was in the process of transitioning its refrigerant from an older, toxic type to a newer, more environmentally-friendly type. During this process, an HVAC worker was assigned to replace a Schrader valve core on a refrigeration line. The core serves to contain the refrigerant when the cap is removed; however, when the worker took off the cap, he found that the valve core had been completely removed, and refrigerant started spraying out at 250psi. With no shut-off valve close by, he attempted to protect nearby customers and contain the refrigerant by placing a spare cap over the line, but his left hand froze to the line. He used his right hand to remove his left hand from the pipe, but at that pressure, the refrigerant was injected under the skin of his hands, and he suffered severe chemical burns. He was rushed to the hospital, where he underwent emergency surgery – bilateral decompressions, fasciotomies, and carpal tunnel releases – to try to save his hands. From there, he was transferred to the burn unit at another hospital, where he spent the next 5 weeks. Doctors performed a multitude of debridements, skin grafts, and amputations, but his hands kept dying from the inside out. He had seven reconstructive surgeries to try to help with the scarring and disfigurement, and was diagnosed with chronic pain, phantom limb pain, anxiety, and PTSD.
He could no longer do his job as an HVAC technician, so he tried to get a welding job, but was unable to complete the training, and ended up stopping working entirely due to the trauma he suffered. He was also no longer able to participate in activities he previously enjoyed, like hunting, playing with his children, and doing daily tasks, like fastening his clothing and shoes, shaving, and cutting his food. He had retained Jon Marko of Marko Law to represent him in his case against Kroger, and they sought recovery of past and future medical expenses, past and future lost earnings (he was only around 30 years old at the time of injury), and damages for his past and future pain and suffering. His wife also filed a derivative claim for past and future loss of society and companionship.
Mr. Marko had previously worked with Focus Graphics with good results, so he requested an exhibit to show what happened so it was much easier to explain to the jury. An animatic was recommended, which is a step before a full animation, like an animated storyboard. This focused on the condition of the pipe and how the injury occurred in a very simple manner. It was important to show how the missing valve core caused the injuries because the defense contended that the fault lay with the plaintiff because, as an HVAC expert, he should have known how to access the refrigeration line safely, should have worn gloves, and should have shut down the line prior to commencing work on it. They also stated that he should have left the area immediately instead of trying to contain the refrigerant. Mr. Marko’s team countered each of these claims – his doctors opined that the injuries would have actually been worse if he had been wearing gloves because the pressure could have also injected the gloves into his hands. As for shutting down the line, while some stores have separate shut-off valves on each line that are accessed locally, this store only had one such valve, which controlled ALL lines in the store, and it was located on the roof. It would have been a cumbersome and unnecessary step, as valve cores can typically be replaced while the line is live. And had he left the area immediately, who knows how many customers may have been injured and how much food product would have been spoiled before the line could be contained?
Mr. Marko and his team demonstrated that Kroger had failed to inspect its lines before requesting maintenance, to properly train its employees on system maintenance, or to install shut-off valves within a reasonable distance. They requested $100 million; the final offer was $2 million. The jury took only 4 hours to deliberate and was unanimous that Kroger was 100% at fault and awarded over $76 million – over $63 million for the worker and over $13 million for his wife – in what was likely the largest premises liability award in Michigan history.
“Describing how the injury occurred could be very confusing, so we wanted a simple way to show the jury the mechanism of how it happened. Focus Graphics delivered exactly what we needed and helped us to explain how the valve core should operate to keep a worker safe. At trial, Kroger’s defense was to blame our client for his heroic actions. The verdict sends a clear message to Kroger that his actions should be commended, and that he literally gave up his hands in the line of duty at the expense of himself and his family is priceless. We will continue to work with Focus Graphics on other cases to prevent any money being left on the table.”
~Jonathan Marko, Esq., Detroit, MI | Marko Law Firm
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