Cengage Advantage Books: Foundations of the Legal Environment of Business 3rd Edition by Marianne Jennings

Exercise 19

Matt Theurer, an 18-year-old high school senior, was employed on a part-time basis by a McDonald's restaurant in Portland, Oregon.
During the week of a scheduled special cleanup at the McDonald's, Mr. Theurer had worked five nights. On the last night, Mr. Theurer worked his regular shift from 3:30 until 7:30 p.m., followed by a cleanup shift beginning at midnight until 5 a.m.. He then worked another shift from 5 a.m. until 8:21 a.m.. During that shift, Mr. Theurer told his manager that he was tired and asked to be excused from his next regular shift. The manager excused him, and Mr. Theurer began his drive home.
Mr. Theurer was driving 45 miles per hour on a two-lane road when he became drowsy or fell asleep, crossed the dividing line into oncoming traffic, crashed into the van of Frederic Faverty, and was killed. Mr. Faverty was seriously injured. Mr. Faverty settled his claims with Mr. Theurer's estate and then filed suit against McDonald's. Is McDonald's liable? [ Faverty v. McDonald's Restaurants of Oregon, Inc., 892 P.2d 703 (Ct. App. Or. 1995).]