Complete indemnity obtained for settlement and legal expenses. Top defense verdict in catastrophic crane accident involving pressurized hydrofluoric acid.

Reported by the Texas Lawyer as a top defense victory in 1991, Philip Werner defended Marathon Petroleum Co. in a case that arose out of what plaintiffs contended “was the worst industrial accident since Three Mile Island.” A CB&I crane dropped a pressurized Marathon chemical tank from the height of 130 feet. The pressurized tank was full of hydrofluoric acid. The impact ripped off two nozzles coming out of pressurized tank, leaving two gaping holes. The pressurized acid, propelled by the isobutene also in the tank, shot out of the holes. As the hydrofluoric acid made contact with the outside air, the acid began boiling. It created a mammoth vapor cloud that eventually spread over a several-mile area of Texas City, Texas. According to plaintiffs’ counsel,“[t]he whole town was crying” and “[t]he hospital emergency rooms were packed.”

Ultimately, about 4,000 Texas City residents filed suit against Marathon. The first trial involved fifteen plaintiffs. Plaintiffs claimed a series of maladies, including permanent pulmonary damage, skin problems, shortness of breath. Some alleged causal relationships to pancreatic cancer, hair loss, neurological damage, depression, suicide attempts, intestinal problems and sexual dysfunction.

Before trial, CB&I paid about $1 million to fourteen of the plaintiffs, settling out of the case. At the time of trial, CB&I had paid out about $8.5 million to 570 plaintiffs.

In the trial against Marathon, plaintiffs asked for $750 million. But a Galveston jury awarded the plaintiffs nothing, finding no liability. The jury agreed with Marathon’s defense that the contractor, CB&I, was responsible for the accident, and that Marathon was not negligent.

As counsel for defendant Valero, we obtained dismissal of the claims of more than 260 plaintiffs in a mass toxic tort case based on failure to comply with Lone Pine order obtained for client.

Jury trial in Beaumont, Texas filed by double amputee against General Electric Co. and Aristech Chemical. Defense verdict in case with $4,750,000.00 demand. Plaintiff argued case for almost $50,000,000.00 in actual and punitive damages.

Jury trial in double fatality case involving BFI truck. Total award less than half of pretrial offer and less than one percent of plaintiff’s request to the jury.

Served as national counsel on an Illinois asbestos death case. Settled favorably in second day of trial for less than initial offers and at a fraction of authority.

• Hydrofluoric acid claims by over 4,000 plaintiffs. Settled after protracted litigation.
• Chemical exposure claim by five carpenters working at Texas City refinery. Settled after discovery for less than 10% of opening demand.
• Benzene induced leukemia claim by family of deceased, retired employee with 35 years at refinery. Settled at mediation.
• Toxic substance inhalation case by a contract worker. Complete indemnity obtained for settlement and legal expenses.
• Multi-party claim involving toxic waste site. Client dismissed based on affidavit evidence.
• Toxic tort by worker at neighboring facility for exposure to chemical fumes. Client dismissed based on affidavit evidence.
• Toxic tort/silicosis litigation by employee of contractor and indemnity claim against contractor.
• Punitive damage case by former employee who died of leukemia. Client won summary judgment in Galveston federal court.
• Dismissal of leukemia case at courthouse steps, without contribution to settlement by firm client.
• Death claim resulting from crane accident. Settled by another defendant with no payment by client and full indemnity for client’s Dixon defense expenses.
• Operated back claim by contract worker from lifting accident at terminal. Settled after mediation for 10% of the original demand.
• Operated back claim by contract worker from fall at refinery. Settled for no money from client and partial reimbursement of defense expenses.