Express Eats (EE) employs Franco as a delivery driver. EE guarantees that an order will be delivered within thirty minutes or there is no charge. EE insists that its drivers meet the time limit. One night, while making a delivery, Franco is caught in a traffic jam. To deliver the food within the thirty-minute time limit, Franco drives onto a sidewalk and hits Beth, a pedestrian. Is EE liable to Beth for her injuries? Is Franco liable to Beth? Why or why not with respect to EE and Franco the driver? Please explain identifying the applicable torts and the theories of liability for both parties, if any.