Massey Law Firm PLLC Success Stories

VERDICT OF $342,924

BREACH OF CONTRACT

No. 2008-32360; Steven Wayne Bowman, as personal representative of the Estate of William C. Bowman v. Richard Sewing and Patricia Sewing; in the 270th Judicial District Court of Harris County, Texas

  • Case Type: Breach of Contract
  • Role: Co-Counsel
  • Party Represented: Steven Wayne Bowman, as personal representative of the Estate of William C. Bowman
  • Opposing Counsel: Tiffany B. Briscoe, Latosha L. Payne, Joseph M. Schreiber
  • Dispute: In July 2005, plaintiff Steven Bowman was named personal representative of the estate of William Bowman, a Minneapolis resident who had died in June. In 2003, William Bowman had entered into an agreement with Richard Sewing, husband of Patricia Sewing, to develop two parcels of property. Steven Bowman, as representative of the estate, sued the Sewings, alleging redemption of the partnership interest, breach of contract and unjust enrichment. The Sewings denied breach of contract or unjust enrichment and they denied that a partnership agreement existed. The Sewings filed a counterclaim against Bowman, alleging breach of contract. They claimed Bowman and the estate failed to complete the payments he had agreed to make under the agreement.
  • Result: After a three-day trial, the jury found Richard Sewing was in breach of the partnership agreement and awarded Bowman $231,744 in damages, plus $58,895 in prejudgment interest, $50,000 in attorneys fees and $2,285 in court costs.

VERDICT OF $192,373

BREACH OF CONTRACT

No. 2006-72603; Ergos Technology Partners Inc. v. Xvand Technology Corp; in the 269th Judicial District Court of Harris County, Texas

  • Case Type: Breach of Contract
  • Role: Lead Counsel
  • Party Represented:Ergos Technology Partners Inc.
  • Opposing Counsel: Eugene B. Wilshire
  • Dispute: Beginning in September 2006, plaintiff Ergos Technology Partners Inc., and information technology firm, claimed that Xvand Technology Corp. breached an agreement to pay fees and commissions when Xvand serviced Ergos' customers. Ergos sued Xvand, alleging breach of written commission agreement. Xvand denied the allegations and counterclaimed for breach of an oral sales agreement. The counterclaim was dropped before trial.
  • Result: After a bench trial, Judge Wooldridge entered judgment for Ergos for $38,047.37 in past lost profits, $120,149.40 in future lost profits, $3, 815.16 in prejudgment interest, $29,441.25 in attorney fees, and $919.55 in taxable costs. After reduction of the future damages to a present value of $94,140.20, the total judgment was $166,363.53.

VERDICT OF $132,204

BREACH OF CONTRACT

No. 2010-11480; Michael Rossum v. Protégé Development Corp. and Erica A. Murray; in the 164th Judicial District Court of Harris County, Texas

  • Case Type: Breach of Contract
  • Role: Lead Counsel
  • Party Represented: Michael Rossum
  • Opposing Counsel: Janeri J. Rivero
  • Dispute: Client sued Protégé Development and Murray, claiming breach of contract and unjust enrichment. Rossum claimed despite the fact he timely made all installment payments to Protege for two years, the company never obtained a construction permit, did not start construction and refused to refund Rossum's payments. Protégé and Murray filed a counterclaim against Rossum for breach of contract.The defendants claimed they were unable to obtain the building permits for reasons beyond their control and they were unable to begin construction because Rossum, acting in breach of the contract, failed to provide them with adequate funding.
  • Result: After a two-day-trial, the jury found for the plaintiff and awarded him $101, 115, plus $11,994 in prejudgment interest, $18,000 in attorney fees and $1,095 in court costs.

VERDICT OF NEGLIGENCE

PERSONAL INJURY

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.

CONFIDENTIAL SETTLEMENT

PERSONAL INJURY

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.