Even assuming the employee's work-related sleep deprivation, liability will not be extended to an employer where it neither knew nor had control over its employee's "incapacity" and took no affirmative action to worsen it, and where the independent intervening act of the employee's intoxication broke any causal connection between work fatigue and an automobile accident.
N.J. SUPERIOR COURT, APPELLATE DIVISION
Riley v. Keenan
New Jersey Law Journal
April 9, 2009