Tort Liability Ray Johnson and his eight-year-old son, David, were waiting for a "walk" sign before crossing a street in downtown Salt Lake City. A truck owned by Newspaper Agency Corporation (NAC) and operated by its employee, Donald Rogers, crossed the intersection and jumped the curb, killing David and injuring Ray. Before reporting for work on the evening of the accident, Rogers had consumed approximately seven mixed drinks containing vodka and had chugalugged a 27-ounce drink containing two minibottles of tequila. His blood alcohol content after the accident was .18 percent.
Evidence showed that the use of alcohol and marijuana was widespread at NAC and that the company made no effort to curtail such use.
Evidence further showed that NAC vehicles were returned with beer cans in them and that on one occasion, an NAC supervisor who had observed drivers smoking marijuana had told the drivers to "do it on the road." Ray Johnson sued Rogers and NAC for the wrongful death of his child, David, and physical injury to Ray. Is NAC liable?