Philip Werner

713.626.2233

pwerner@wernerayers.com

Philip Werner

About Philip Werner

Philip Werner is a highly respected trial attorney with over four decades of experience and more than 125 jury trials in both state and federal courts. His practice spans a wide array of complex litigation matters, including commercial law, toxic torts, insurance coverage disputes, and oil and gas litigation.

Philip is known for his ability to secure landmark victories on both the plaintiff and defense side. He has been recognized nationally by The National Law Journal for obtaining some of the top verdicts in the country, including the largest jury award on record in a legal malpractice case in 2015. His extensive trial experience also includes shareholder oppression disputes, corporate fiduciary claims, products liability, and wrongful termination cases.

Professional Experience

Philip’s distinguished career includes significant achievements in the legal field. He is Board Certified in both Civil Trial Law and Personal Injury Litigation by the Texas Board of Legal Specialization and holds an AV Preeminent rating from Martindale-Hubbell. His notable trial successes have set precedents in areas such as shareholder oppression, industrial accident claims, and insurance recovery litigation.

Representative Matters

Landmark Legal Malpractice Case: Co-lead counsel in a record-setting legal malpractice verdict involving a breach of fiduciary duty claim.
High-Stakes Shareholder Litigation: Achieved a $300 million settlement in one of the largest shareholder oppression cases ever filed.
Complex Commercial Disputes: Successfully defended against multimillion-dollar damage claims for corporate clients and obtained favorable verdicts in significant tort and contract disputes.

Education and Early Career

Philip began his legal career at Mills, Shirley, Eckel & Bassett, LLP, Texas’s oldest law firm, where he handled a range of litigation and transactional matters. In 1992, he co-founded what became Werner Ayers, LLP, a firm known for its expertise in complex litigation.

Philip holds a J.D. from the University of Texas at Austin and a B.A., cum laude, from North Texas State University. A Vietnam veteran, Philip was raised in Costa Rica and is fluent in Spanish.

Professional Activities

Philip is an associate member of the American Board of Trial Advocates and has served as counsel in some of the most significant trials and settlements in Texas.

Admitted to Practice:

Texas, 1976

Position:

Senior Partner

Areas of Practice:

Commercial Litigation, Mass Tort and Toxic Tort Litigation, Insurance Coverage, Maritime, Personal Injury

Education:

J.D., University of Texas at Austin, 1976
B.A., University of North Texas, 1971

Languages:

Spanish

Professional Activities and Memberships:

American Board of Trial Advocates

Representative Experience

Corporate Fiduciary

Martin Shareholder Oppression and Fiduciary Duty Litigation

As part of their representation of Scott Martin in a large variety of matters, Philip Werner and David Ayers represented Scott in a shareholder derivative and individual suit involving its investment in Martin Resources Management Corporation (“MRMC”), a closely-held energy corporation in the business of transportation, storage, terminaling and processing of energy resources.

Werner and Ayers prosecuted causes of action against members of management and the Board of Directors for, among other claims, shareholder oppression, breach of fiduciary duty, wrongful entrenchment and dilution, abuse of control, gross mismanagement, and fraud stemming from the Directors’ alleged improper issuance of well over $50 million of MRMC stock for the purpose of entrenching management and diluting certain minority shareholders.

MRMC and the MRMC Employee Stock Ownership Trust also opposed Martin and KCM in this action, and, along with the other defendants, asserted counterclaims for over $20 million in alleged damages against all plaintiffs and other third parties. After two years of intense litigation, the case settled favorably for Martin and KCM in excess of $300,000,000 on October 2, 2012.

Successful Defense in Retaliatory Fiduciary Litigation

In response to Scott Martin’s lawsuit against MRMC in Harris County, MRMC (under the direction of Scott’s brother), sued Scott in Longview (Gregg County), Texas. In that case, MRMC alleged that Scott breached his fiduciary duty by filing the Harris County lawsuit, alleging that the act of filing the lawsuit caused MRMC to lose financing. The potential liability to Scott was massive, and Scott – who lived in Houston, not Longview – faced a very well-funded corporate opponent that was well-known in Gregg County. MRMC presented a damage model of over $80,000,000 while arguing for a total award (with punitive damages) of $150,000,000. Such a judgment would have been catastrophic to Scott.

After a two-week jury trial in Gregg County, the jury returned a very favorable verdict to Scott: an award of just under $2 million. The entire dispute, including nearly a dozen other related cases, settled within the next year.

Largest Legal Malpractice Verdict Ever

On behalf of Scott Martin and his partnership, Philip Werner and David Ayers sued Andrews Kurth for malpractice after a Texas appeals court refused to enforce a settlement agreement when an earlier version of the agreement contained provisions that would have protected Scott. Because the later agreement cancelled all prior negotiations, the earlier version was unenforceable as well, leaving Scott with none of its protections. In November 2015, a Harris County jury in 234th District Court found that Andrews Kurth committed malpractice and awarded our clients economic damages totaling $197.6 million. The National Law Journal reported this as the sixth largest verdict in 2015 and it has been reported as the largest jury verdict ever in a legal malpractice case. The case settled under a confidentiality agreement in March 2016, before entry of judgment.

Energy and Technology

$31.2 Million Judgment for Marathon Oil

At a prior firm, Philip Werner represented Marathon Oil Co. in a contract damage claim against a construction company to recover damages and expenses connected with a crane accident and release of toxic hydrofluoric acid. The accident occurred when a crane that was lifting a piece of heavy equipment dropped the equipment on a tank. The tank, which contained hydrofluoric acid, released the vapors. The hydrofluoric acid vapor release forced a reported 3,000 residents to evacuate the area.

After a trial that lasted nearly three weeks, a Harris County jury found both the defendant, CBI Na-Con, and plaintiff Marathon Oil negligent in connection with the accident. The jury placed 95 percent of the liability for the accident on CBI Na-Con and 5 percent on Marathon Oil. Marathon owned the refinery; CBI Na-Con was its contractor.

The court’s judgment ordered CBI Na-Con to pay Marathon Oil almost $11.9 million in actual damages, another $925,000 under an indemnity agreement, and $10 million in punitive damages. The judgment also ordered CBI Na-Con to pay another $8.4 million in prejudgment interest and court costs. The case received widespread attention, including a detailed report in the Texas Lawyer.

Anadarko Petroleum Corporation v. Sinclair, et al.

Tort and Policyholder

Steam Burn Claim by Maintenance Worker

Green v. Marathon Petroleum Co.

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.

Alapisco v. Valero

Defense Verdict in Double Amputee Claim Seeking $4.75 Million

Successful Verdict in Double Fatality Trial

Longnecker v. Marathon

Other Significant Complex Tort Cases

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.

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Philip Werner

Philip Werner

Admitted to Practice:

Position:

Areas of Practice:

Education:

Languages:

Professional Activities and Memberships:

Representative Experience

Corporate Fiduciary

Energy and Technology

Tort and Policyholder

Contact Details

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Practice Areas