Murrah & Killough, PLLC

Murrah & Killough Wins $3.43 million Jury Verdict for Texas Business Owner

April 15, 2025

Murrah & Killough, PLLC is pleased to announce that its litigation team, led by Richard Killough (lead trial counsel), along with Senior Associates Mike Belleville and Erica Dryden, have successfully obtained a $3.43 million jury verdict for their client, Nsima Ekere, in his lawsuit against ESQ Construction, LLC (ESQ) following a three-day trial in the 157 th Judicial District Court of Harris County, Texas.

In 2013, Ekere purchased a 35% membership in ESQ for $500,000, but ESQ never paid any return on Ekere's investment. In 2019, responding to an urgent request by ESQ for funds to prevent foreclosure of the company's building inventory by another lender, Ekere advanced $500,000 to the company.

In negotiations, ESQ agreed to sell Ekere a residential property under construction, which the company described as 'collateral' for the advance. The company also sent Ekere a $500,000 promissory note. The company failed to convey the property to Ekere and never repaid the note. When ESQ listed the property for sale in apparent breach of its contract, Ekere sued ESQ, bringing claims for fraud, breach of a contract for the purchase of residential property in Houston, Texas, and breach of the promissory note. ESQ filed a counterclaim, alleging that Ekere breached a fiduciary duty to the company by filing his lawsuit and a notice of lis pendens, which ESQ claimed caused loss of funding and credit with its lenders.

On February 27, 2025, a Harris County jury unanimously found in Ekere's favor on three of four causes of action submitted, awarding Ekere $500,000 each for each of his fraud, breach of residential property purchase contract, and breach of promissory note claims. The jury also unanimously awarded $1,750,000 in punitive damages against ESQ, as well as $180,000 in attorney fees, which represented all attorney fees incurred through the end of trial. The litigation team also secured a directed verdict on ESQ's breach of fiduciary duty counterclaim and defeated ESQ's statute of limitations defense by persuading the jury to render a verdict that did not support that defense.

The court's final judgment ultimately did not include punitive damages because, while the jury found that ESQ had committed fraud, it awarded no underlying fraud damages. Following principles of election of remedies, Ekere requested, and on March 24, 2025, the Court rendered, final judgment in the principal amount of $500,000, together with $136,541.10 in prejudgment interest and $180,798.30 in attorney fees and costs. The pleadings in the case may be viewed under Cause No. 2021-43141; Nisma Ekere v. ESQ Construction, LLC; In the 157 th Judicial District Court of Harris County, Texas. Murrah & Killough is honored to have secured this favorable verdict and judgment for its client.