Moss Insulation Co $($MIC$)$ was a subcontractor on an expansion project at the Luong manufacturing plant in Lowville, New York which is a remote part of upstate New York approximately $40$ miles from the nearest population centers. Given the remoteness of the work site, MIC provided $$30$ per day in subsistence pay to each of its employees to defer part of the cost of a motel room or apartment in the nearest towns. MIC did not require its employees to spend the money on lodging. The employees were free to spend it or not spend it as they saw fit. In fact the President of MIC, Amara Moss, would tell her employees, $$if I were you, I$$d pocket the money and commute! It isn$$t taxable income, it$$s like free

Money!$$ Benji Wittman, an MIC employee was assigned to work on the expansion project in Lowville and he received the $$30$ per day subsistence pay from MIC but he elected to make the commute to the plant from his home in Rochester, NY which was $120$ miles from the work site. Benji, a resourceful young man, convinced a few other co$-$workers along the route to carpool to save additional money. The parties would share the driving responsibilities. The work schedule was Monday through Friday $7$am to $5$:$30$pm with a half hour for lunch and few if any breaks. In addition to his employment with MIC, Benji also worked as a local DJ at various night clubs.

Benji completed his regular shift at the plant on a Tuesday and returned to Rochester at $8$:$30$pm$.$ He then worked his second job before going to bed around midnight. Benji then rose at $4$:$00$am on Wednesday to get his vehicle and collect his co$-$workers for the daily commute to the plant, where he worked his normal shift. The car pool with Benji driving left the plant around $6$:$00$am$.$ Shortly thereafter, Benji fell asleep at the wheel. His vehicle crossed the centerline of the highway and collided head$-$on with a vehicle in which Duong Wang was the passenger. Duong expired in the accident and his widow, Ruixia Zheng, acting on her own right and as a personal representative of her late husband$$s estate, filed a negligence$-$based wrongful death action against Wittman and MIC in a New York State Court. The lawsuit filed by Zheng claimed that MIC owed a duty of care to the other travelers on the highway to prevent injury caused by employees who had become exhausted after being required to commute long distances and work long hours and were even encouraged to do so with the $$30$ per day stipend. She contended in her complaint that MIC breached its duty by $$failing to take precautionary measures to prevent employees from becoming so exhausted that they pose a threat of harm to the traveling public and failing to provide alternative transportation to its exhausted employees or in the alternative, failing to provide living quarters to its employees within a reasonable from the plant site. Discuss the legal theory put forth by Ms$.$ Zheng based on the various theories of negligence discussed in class. Using the IRAC format conclude on the likelihood of success of this lawsuit