Guerrero v. Tarrant County Mortician Services Co.

OPINION

BRIGHAM, Justice.

I. INTRODUCTION AND HOLDING

In this appeal, we are asked to decide whether a company that contracted with a county to transport bodies from an accident scene is entitled to immunity and whether such a company, which did not pick up all body parts from the scene, established that it was performing a discretionary duty in good faith. We find that the private company is entitled to official immunity and that it established its entitlement to the affirmative defense.

II. FACTUAL BACKGROUND

A.The Contract

Tarrant County Mortician Services Company, a privately-owned business,…