Question: Mr . Burns provides security services for the Nuclear Power Plant ( Plant ) in Springfield. Mr . Burns employed Simpson as a security

Mr. Burns provides security services for the Nuclear Power Plant (Plant") in Springfield. Mr. Burns employed Simpson as a security guard. On the day of the accident, Simpson was assigned to guard duty at Gate 4, the northeast entrance to the Plant property. Security guards at Gate 4 worked eight-hour continuous shifts, with no scheduled breaks. However, employees were permitted to take ten- to fifteen-minute unscheduled lunch and restroom breaks.
When taking their lunch breaks, Gate 4 guards generally ate a bag lunch but occasionally ordered take-out food from the sole restaurant within close physical proximity to Gate 4, Moes Tavern. Moes Tavern was located directly across the street from the Plant, approximately 150 to 250 yards from Gate 4. The tavern's menu was posted near the telephone at Gate 4. Aside from vending machines located within a nearby Plant office building, Moes Tavern provided the sole source of food accessible to Gate 4 guards within their ten- to fifteen-minute breaks. Indeed, Moes Tavern was the only restaurant in the immediate area. Whether they brought their lunches or ordered from the tavern, Gate 4 guards were expected to eat at their posts.
Shortly after 11:00 a.m. on the day of the accident, Simpson noticed a lull in the traffic at Gate 4 and decided to get a cup of soup from Moes Tavern. He placed a telephone order for the soup from Gate 4 and then drove his automobile to the tavern. He intended to pick up the soup and return to Gate 4 to eat at his post. She expected the round trip to take approximately ten to fifteen minutes, as permitted by Mr. Burns unscheduled break policy. On his return trip, however, he collided with plaintiffs' motorcycle at a public intersection just outside the Plants property. Both plaintiff and Simpson were injured.
Discuss. Who will be liable for the damages?

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