Dwaine M. Massey

Bar / Professional Activity

• President-Elect, National Board Representative, (Houston Chapter) American Board of Trial Advocates
• Presidential Appointee to National Executive Committee and Co-Chair of Chapter Relations Committee, ABOTA
• North American Fellow, International Society of Barristers
• Vice President and Board Member, Texas Association of Civil Trial and Appellate Specialists (TACTAS)
• State Bar of Texas, Pattern Jury Charge Committee - Business, Consumer & Employment, June 2019 to May 2025
• State Bar of Texas, Board of Law Examiners, August 2017 to 2025
• State Bar of Texas (Member, Professionalism Committee, 2007-2013) 
• Houston Bar Association (Chair and Council, Commercial and Consumer Law Section, 2005-2007)
• Past Director and Member, Houston Young Lawyers Association

Verdicts / Settlements (Case Results)

• No. 2010-11480; Michael Rossum v. Protégé Development Corporation and Erica A. Murray, In the 164th Judicial District Court of Harris County, Texas Case Type: Breach of Construction Contract Role: Lead counsel Party Represented: Plaintiff/Counterclaim Defendant Opposing Counsel: Janeri Jael Rivero, The Rivero Law Firm Dispute: Client sued Protégé Development Corporation and Erica A. Murray for breach of contract and unjust enrichment. Defendants counterclaimed for breach of contract. Result: After a two day trial, the jury awarded a take-nothing verdict on Defendants’ counterclaim. Client prevailed on both claims and elected to accept the damages and attorney’s fees awarded on the contract claim.
• No. 2016-81777; Drillog, Inc., et. al. v. Obi Raphael Ekezie; In the 334th Judicial District Court of Harris County, Texas (Opposing counsel, J. Beverly); In this derivative action, we brought claims against a managing officer. After a multiweek trial, the jury delivered a mixed result, finding that the officer breached his fiduciary duties in some respects but not in others
• No. 2022-55377; RSK Engineering, Inc. v. Ibrahim Omran; In the 334th Judicial District Court of Harris County, Texas (Opposing counsel, Jeff Shadwick); The case involved a fee dispute concerning the rendering of professional engineering services. We represented the defendant. A unanimous jury awarded the plaintiff 20% of the damages sought and half of what client admitted to owing.
• No. 2014-63633; Salido v Tan; In the 125th Judicial District Court of Harris County; (Opposing counsel, Mike Cooper); After a multiday trial; jury unanimously awarded our client all damages sought on client's personal injury claims
• No. 2012-47308; Kirk Johnston v. Houston Livestock Show and Rodeo, Ray Cammack Shows, Inc. and Odyssey Foods, LLC; in the 11th Judicial District Court of Harris County, Texas Case Type: Personal Injury Role: Lead Counsel Party Represented: Defendants Houston Livestock Show and Rodeo, Ray Cammack Shows, Inc. and Odyssey Foods, LLC Opposing Counsel: Chuck Portz, Portz & Portz Dispute: Plaintiff sued Clients for injuries sustained in a rodeo carnival accident. Result: Clients Houston Livestock Show and Rodeo and Ray Cammack Shows, Inc. were dismissed on summary judgment and the Plaintiff non-suited his claims against remaining client – Odyssey Foods, LLC – with prejudice the day before trial and, after demand, paid Client’s costs. 
• No. 2008-32360; Steven Wayne Bowman As the personal Representative of the Estate of William C. Bowman v. Richard Sewing and Patricia Sewing, in the District Court of Harris County, Texas, 270th Judicial District Case Type: Partnership Dispute Role: Lead Counsel Party Represented: Plaintiff/Counterclaim Defendant Opposing Counsel: Latosha L. Payne, Joseph Scrieber, Tiffany Briscoe, Vorys, Sater, Seymour and Pease Dispute: Client sued Richard Sewing for redemption of partnership interest. Sewing counterclaimed for breach of contract. Result: After a three day trial, jury awarded a take-nothing verdict on Sewing’s counterclaim and awarded Client attorney’s fees, in a judgment that was affirmed by a 2-1 decision of the Houston First Court of Appeals. While a petition for certiorari was pending before the Texas Supreme Court, the parties reached a confidential settlement.
• No. 2005-03251; Michelle P. Jackson, Individually and as Next Friend of Cordell J. Jackson v. Wal-Mart Stores, Inc., et al., in the District Court of Harris County, Texas, 269th Judicial District Case Type: Personal Injury Role: Lead Counsel Party Represented: Plaintiff Opposing Counsel: Kenneth Scott, Knight & Scott Dispute: Client sued Defendants for the severe injuries sustained by her then 14 year old son when Defendants negligently allowed him to operate a security cart on the premises. Result: Confidential settlement reached during mediation.
• No. 2009-59885; Tara M. Williams, Individually and as Personal Representative of the Estate of Anthony B. “Tony” Williams v. BAD-DAB, Inc., d/b/a The Spot Lounge & Bar, in the District Court of Harris County, Texas, 127th Judicial District Case Type: Personal Injury Role: Lead Counsel Party Represented: Defendant Opposing Counsel: Waverly R. Nolley, Waverly R. Nolley & Associates PC and S. Bruce Hiran, Monks, Monks, Monks & Hiran, PC Dispute: Plaintiff sued Client for wrongful death and survivor claims in a dram shop action. Result: Client awarded take-nothing summary judgment.
• No. 2012-34748; Juan Arriaga and Raymundo Aleman v. Southern Star Concrete, Inc. and Joseph C. Rossyion; in the 190th Judicial District Court of Harris County, Texas Case Type: Personal Injury Role: Lead Counsel Party Represented: Intervenor Raymundo Aleman Opposing Counsel: Fernando P. Arias, Fletcher, Farley, Shipman & Salinas, LLP Dispute: Client sued Defendants for injuries sustained in a tractor-trailer accident. Result: Confidential settlement reached during mediation.
• No. 2010-73730; Elvia Mendoza, individually, and as next friend of Candelaria Mendoza and Yeny Curiel, individually, and as next friend of Jacob Curiel v. Joel Garza, Patricia Garza and Christopher Garza; in the 80th Judicial District Court of Harris County, Texas Case Type: Personal Injury Role: Lead Counsel Party Represented: Intervenor Plaintiff Yeny Curiel, individually and as next friend of Jacob Curiel Opposing Counsel: David L. Merkley and Benjamin C. Miller, Germer Gertz, LLP Dispute: Client sued Joel and Patricia Garza for negligent entrustment and Christopher Garza for negligence and negligence per se arising out of an automobile-pedestrian accident in which the minor client sustained a fractured skull, an abdominal wall tear and a hip fracture, none of which required surgery. Result: After a six day trial, the court directed a verdict of negligence against Christopher Garza and a unanimous jury awarded Clients a verdict which made the Texas Lawyer’s list of the Top Verdicts in Texas for 2012 in the motor vehicle category. Aside from a post-verdict payment of the limits of the applicable insurance, the judgment remains in collection.

Videos

• Meet Dwaine Massey, 2021

Representative Clients

• BEYSA Investment Group, LLC
• AFGE Local #1633
• ASAP Roof Repair, LLC
• Cameron Architects, Inc. 
• Mulholland Energy Services, LLC
• Patriot Contracting, LLC
• Delgado v. Methodist Hosp., 936 S.W.2d 479, 1996, Tex. App. - Houston [14th Dist.] 1996, no writ
• Efting v. Tokai Corp., 75 F.Supp.2d 1006, 1999, W.D. Mo.
• DeLeon v. Lloyd's London, Certain Underwriters, 259 F.3d 344, 2001, 5th Cir.(Tex.)
• Mayo v. Hartford Life Ins. Co., 220 F.Supp.2d 714, 2002, S.D.Tex.
• Sandwich Chef of Texas, Inc. v. Reliance Nat. Indem. Ins. Co, 319 F.3d 205, 2003, 5th Cir.(Tex.)
• Bolton v. City of Dallas, 472 F.3d 261, 2006, 5th Cir. (Tex.)
• Sewing v. Bowman, 371 S.W.2d 321, 2012, Tex. App. - Houston [1st Dist.] 2012, pet. dism'd

Special Licenses / Certifications

• Board Certified, Civil Trial Law and Personal Injury Trial Law, Texas Board of Legal Specialization

Pro bono / Community Service

• Pro Bono Partner, Lone Star Legal Aid
• Champion of Justice Society, Guardian
• Volunteer Lawyer, Houston Volunteer Lawyers Program 

Honors

• Ratifier, ABOTA Foundation, ABOTA Foundation
• Life Fellow, Houston Bar Foundation, Houston Bar Foundation
• Keeton Fellow, University of Texas at Austin, UT Law
• Life Fellow, Texas Bar Foundation
• Member, Texas Bar College
• Texas Super Lawyers, Business Litigation
• AV Preeminent 5.0 out of 5, Martindale-Hubbell peer review rating
• Charter Life Fellow, Houston Young Lawyers Foundation
• Life Member, Texas Exes 

Educational Background

• University of Texas, B.B.A., 1988 (in Accounting/Business Honors with honors) (Beta Alpha Psi, Beta Gamma Sigma)
• Dallas Theological Seminary, M.A., Biblical Studies
• University of Texas, J.D., 1994 

Other Outstanding Achievements

• Passed all parts of the CPA examination in initial sitting
• Graduate, National Institute of Trial Advocacy

• Construction
• Oil & Gas
• Real Estate
• Transportation

“Dwaine Massey is one of the most respected trial lawyers in Houston. He is a member and on the executive committee of the prestigious American Board of Trial Advocatesn and other organizations, where his peers look to him for leadership. He is the consummate trial attorney who values preparation and has great presence in the courtroom.”