Dwaine M. Massey

Attorney Profile

Top Rated Business Litigation Attorney in Houston, TX

Massey Law Firm PLLC
 | 601 Sawyer Street, Suite 225
Houston, TX 77007
Phone: 713-223-1550
Fax: 713-588-8437
Selected To Super Lawyers: 2020
Licensed Since: 1994
Practice Areas:
  • Business Litigation (60%),
  • Personal Injury - General: Plaintiff (30%),
  • Business/Corporate (10%)
    Attorney Profile

    Dwaine M. Massey is the founder of Massey Law Firm PLLC and represents clients throughout Southeast Texas. He is an experienced attorney who has tried more than 25 cases to verdict and has resolved countless others through summary judgment, arbitration and settlement. His practice is focused on commercial litigation involving the prosecution and defense of contract disputes including partnership, construction and commercial real estate cases and business torts such as breach of fiduciary duty suits as well as the prosecution of wrongful death claims and catastrophic personal injuries claims.

    The Texas Board of Legal Specialization certified Mr. Massey as a Board-Certified Personal Injury Trial Lawyer, and he is a Life Fellow of the Texas Bar Foundation. The Houston Young Lawyers Foundation named him a Charter Life Fellow, and for his high ethical standards and long list of successful results, he holds the highest peer rating possible of AV Preeminent* from Martindale-Hubbell.

    Mr. Massey is a member of the American Board of Trial Advocates, the Texas Association of Civil Trial and Appellate Specialists, and has been a member of the Texas Center for Legal Ethics. He has served on several Houston Bar Association committees and ancillary organizations including its Professionalism Committee and Lawyer Referral Service Board. He currently serves as a member of the Texas Board of Law Examiners and the Texas Pattern Jury Charge Committee -- Business.

    After graduating from The University of Texas at Austin with a Bachelor of Business Administration in accounting and business, Mr. Massey obtained a Master of Arts in Biblical Studies from Dallas Theological Seminary. He then graduated with this Juris Doctor from the University of Texas School of Law. An active member of his community, he volunteers with the Houston Volunteer Lawyers, The FORGE for Families and the KIPP Liberation Middle School Advisory Board.

    * AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.

     

     

     
    Practice Areas
    • 60%Business Litigation
    • 30%Personal Injury - General: Plaintiff
    • 10%Business/Corporate
    Focus Areas

    Animal Bites, Motor Vehicle Accidents, Wrongful Death, Construction Accident, Trucking Accidents, Limited Liability Companies, Partnership, Contracts

    Selections

    Selected to Super Lawyers for 1 yearsbottom-image

    Super Lawyers: 2020

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    About Dwaine Massey

    Admitted: 1994, Texas

    Professional Webpage: https://www.masseytrial.com/attorney/dwaine-massey/

    Honors/Awards:

    • Member, Texas Association of Civil and Trial Appellate Specialists
    • Member, Texas Bar College
    • State Bar of Texas, Pattern Jury Charge Committee - Business, Consumer & Employment, June 2019 to present
    • Life Fellow, Texas Bar Foundation
    • AV Preeminent 5.0 out of 5, Martindale-Hubbell peer review rating
    • Charter Life Fellow, Houston Young Lawyers Foundation
    • Texas Super Lawyers, Business Litigation
    • Member, American Board of Trial Advocates 

    Special Licenses/Certifications:

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

    Bar/Professional Activity:

    • Past Director and Member, Houston Young Lawyers Association
    • Houston Bar Association (Chair and Council, Commercial and Consumer Law Section, 2005-2007)
    • State Bar of Texas, Pattern Jury Charge Committee - Business, Consumer & Employment, June 2019 to present
    • State Bar of Texas (Member, Professionalism Committee, 2007-2013) 
    • State Bar of Texas, Board of Law Examiners, August 2017 to present

    Pro bono/Community Service:

    • Pro Bono Partner, Lone Star Legal Aid
    • Volunteer Lawyer, Houston Volunteer Lawyers Program 

    Verdicts/Settlements:

    • 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. 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.

    Representative Clients:

    • 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

    Other Outstanding Achievements:

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

    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 
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    Office Location for Dwaine M. Massey

    601 Sawyer Street
    Suite 225
    Houston, TX 77007

    Phone: 713-223-1550

    Fax: 713-588-8437

    Dwaine M. Massey:

    Last Updated: 9/16/2020

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