Ray Johnson and his son, David, were waiting for a “walk” sign before crossing a street. A truck owned by Newspaper Agency Corp. (NAC) and operated by its employee Mark Wilson, crossed the intersection and jumped the curb, killing David and injuring Ray. Before reporting for work on the evening of the accident, Wilson had consumed seven mixed drinks containing vodka and a 27-ounce drink containing two mini bottles of tequila. His blood alcohol content after the accident was 0.18 percent. Evidence showed that use of drugs and alcohol was widespread at NAC and the company made no effort to stop its use. NAC vehicles had been returned at the end of a shift with beer cans on more than one occasion. Further, evidence showed that a NAC supervisor had seen drivers smoking marijuana at the business and told them to “do it on the road.”

Ray Johnson sued NAC for wrongful death and for his physical injuries. Is NAC liable for Mark Wilson’s actions? Why or why not? What legal concepts are implicated in these facts?