Tommy Nolis Is Driving a Delivery Truck for the Bay

Tommy Nolis is driving a delivery truck for The Bay when he collides with Faye Chu. As it happens, Faye is also an employee of The Bay, although this was her day off. The accident is Tommy's fault. In fact, he was driving quite recklessly and was impaired. Can Faye sue The Bay for her damages?

A) No. Tommy was not acting I the scope of his employment because he was drinking on the job.
B) No. An employer cannot be held responsible for the crimes of its employees.
C) Yes. An employer is vicariously liable for torts committed by its employees in the course of their employment.
D) No Faye is caught by the co-employee rule.
E) Both A and B