Please read the case below and discuss the legal theory put forth by Mrs. Chen based on the various theories of negligence:

Hofmann Insulation Co (HIC) was a subcontractor on an expansion project at the Love 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, HIC 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.HIC 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 HIC, Maxwell Hofmann, would tell his employees, "if I were you, I'd pocket the money and commute!It isn't taxable income, it's like free money!"

Deo Laksana, a HIC employee was assigned to work on the expansion project in Lowville and he received the $30 per day subsistence pay from HIC but he elected to make the commute to the plant from his home in Rochester, NY which was 120 miles from the work site.Deo, 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 7am to 5:30pm with a half hour for lunch and few if any breaks.In addition to his employment with HIC, Deo also worked at the local Dick's sporting goods store a second job at night as a stock clerk.

Deo completed his regular shift at the plant on a Tuesday and returned to Rochester at 8:30pm.He then worked his second job before going to bed around midnight.Deo then rose at 4:00am 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 Deo driving left the plant around 6:00pm.Shortly thereafter, Deo fell asleep at the wheel.His vehicle crossed the centerline of the highway and collided head-on with a vehicle in which Guryog Ghuman was the passenger.Guryog expired in the accident and his widow, Qian Chen, acting on her own right and as a personal representative of her late husband's estate, filed a negligence-based wrongful death action against HIC in a New York State Court.

The lawsuit filed by Chen claimed that HIC 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 HIC 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.