Mountain View Mall hired Nigel to act as Santa Claus in the mall. After a tough work day, Nigel stopped in a bar in the mall and drank 6 beers. Driving home, still wearing his Santa suit, Nigel hit a Marty, a pedestrian and severely injured her, when Marty darted between 2 parked cars in the middle of a block and ran in front of Nigel’s car.
Would Mountain View Mall be liable for Nigel’s injuries? Why or why not?