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CEN-TEX CHILDCARE, INC. v. JOHNSON

No. 02-10-00308-CV.

339 S.W.3d 734 (2011)

CEN-TEX CHILDCARE, INC. f/k/a Mesa Family Services, Inc., Appellant, v. Sheila Broderick JOHNSON, as Administratrix of the Estate of Sierra Odom, Deceased; Jonathan Odom, Individually; Tawnya Ballard, as Next Friend of Dante Andreus Jamieson Ballard, a Minor; and Heather Jamieson, Individually, Appellees.

Court of Appeals of Texas, Fort Worth.

Reconsideration En Banc Overruled May 5, 2011.

Attorney(s) appearing for the Case

Wentz & Zavarelli, LLP and Kevin L. Wentz and Wade N. Hallisey , Irving, TX, for Appellant.

Turner & McKenzie PC and Randall E. Turner and Thomas McKenzie , Hurst, TX and Bleil & King and Susan Bleil and Sondrea King and The Salvant Law Firm and Brian Salvant and Law Office of Kathryn Craven and Kathryn Craven , Fort Worth, TX and Coyle Law Firm and Jerry Coyle , Paris, TX, for Appellees.

Panel: GARDNER, WALKER, and McCOY, JJ.

OPINION

ANNE GARDNER, Justice.

I. Introduction

Appellant Cen-Tex Childcare, Inc. f/k/a Mesa Family Services, Inc. (Cen-Tex) is a private corporation that provides foster home services pursuant to a contract with the Department of Family and Protective Services (the Department). After a child died following abuse by her foster parents, Appellees filed the underlying wrongful death lawsuit against Cen-Tex and others.1

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