Of Undertaking One who undertakes, gratuitously or for consideration, to render services to another which he should recognize as necessary for the protection of a third person or his things, is subject to liability to the third person for physical harm resulting from his failure to exercise reasonable care to [perform] his undertaking, if (a) his failure to exercise reasonable care increases the risk of such harm, or (b) he has undertaken to perform a duty owed by the other to the third person, or (c) the harm is suffered because of reliance of the other or the third person upon the undertaking. Restatement (Second) of Torts § 324A (1965); see Torres v. Dilley Youth Athletic Ass’n, No. 04-11-00439-CV, 2012 WL 3205856, at *2 (Tex.App.-San Antonio Aug. 8, 2012, pet. denied) (mem. op.) (<HOLDING>); see also Poynor v. BMW of N. Am., LLC, No.
recognizing that texas courts have adopted section 324a holding that where the entity was incorporated in texas and the shareholders reside in texas and the bankruptcy case is pending in texas texas law  not arizona law  should be applied recognizing this texas rule recognizing the same rule in texas courts holding that the contract language the courts of texas usa shall have jurisdiction precluded federal jurisdiction by explaining that flederal district courts may be in texas but they are not of texas emphasis in original