Matt Theurer, an 18 year old high school senior, was employed on a part time basis by a mcdonalds restaurant in Portland, Oregon. During the week of a scheduled special cleanup at the mcdonalds, mr. Theurer had worked five nights. On the last night, Mr. Theurer worked his regular shift from 3:30 to 7:30, followed by cleanup shift beginning at midnight until 5 am. He then worked another shift from 5 to 8:30. During that shift he told his manager that he was tired and asked to be exused from his next regular shift. The manager excused him and Theurer began his drive home. Mr. Theurer was driving 45 miles per hour on a two lane road when he became drowsy or fell asleep, crossed the dividing line into on coming traffic, crashed into the van of Frederic Faverty, and was killed. Mr. Faverty was seriously injured. Mr. Faverty settled his claims with Mr. Theurers estate and then filed suit against mcdonalds. Is Mcdonalds Liable?