Thomas started a business called Sudden Bloom Flowers Direct. His concept relies on customers calling his company and requesting flowers immediately for same day or even same hour delivery. To implement this business model, Thomas hires drivers who are notified on an app provided by the company where to pick up the flowers, where to deliver the flowers, and by what time delivery must occur. The app provides the fastest route to the drivers which the drivers can choose to take or not take without penalty. The app also monitors the driver's speed, the route taken, and how quickly the flowers were delivered. The drivers drive their own cars, use their own phone, but must wear a light blue shirt at all times and the company provides a name tag that must be worn at all times while delivering. Also, the drivers must "clock in" for work and be available for deliveries on certain days of the week for a predetermined amount of hours. They clock in by turning on the app which would then notify them if they will be needed.Three failures to clock in without valid excuse will result in termination.

During a rush delivery one of the drivers ran a red light and hit a pedestrian walking across the street. It was determined the driver was traveling 65 miles an hour, well above the posted 35 mile limit. A camera on the stoplight taped the driver looking down on his cell phone while running the light. The pedestrian wants to sue.

Dissect this fact pattern above and define all legal principles involved. Who can the pedestrian sue and under what theory or theories? What factors would be relevant in determining who he could sue? What additional questions and answers may help us determine who should be sued?