allege no physical harm resulting from Wells Fargo’s voluntary undertaking of services. See Torrington Co. v. Stutzman, 46 S.W.3d 829, 838 (Tex.2000) (“One who undertakes, gratuitously or for consideration, to render services to another which he should recognize as necessary for the protection of the other’s person or things, is subject to liability to the other for physical harm resulting from his failure to exercise reasonable care to perform his undertaking, if (a) his failure to exercise such care increases the risk of such harm, or (b) the harm is suffered because of the other’s reliance upon the undertaking.” (quoting Restatement (Second) of Torts § 323 (1965))) (emphasis added); see also Vodicka v. Lahr, No. 03-10-00126-CV, 2012 WL 2075713, at *6 (Tex.Ct.App. Jun. 6, 2012) (<HOLDING>). CONCLUSION For the foregoing reasons, we
holding that plaintiffs failed to state a claim for negligent undertaking because that tort requires proof of physical harm resulting from failure to exercise reasonable care in rendering services to another and plaintiffs had alleged only economic harm holding that economic loss rule precluded the plaintiffs tort claims because they only alleged injuries to the subject of the contract itself holding that plaintiffs who alleged a subjective chill of their first amendment rights failed to establish specific present objective harm or a threat of specific future harm holding that section 4149 did not apply to the plaintiffs state law claims of breach of duty to protect foster care children from harm and of negligent supervision negligent entrustment and negligent failure to warn holding that the plaintiffs stated a claim for conspiracy because they alleged an actionable tort