Own car delivering newspapers on daily paper route

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Theo drives his own car delivering newspapers on a daily paper route. Theo is paid based upon the number of papers delivered. The newspaper company only requires that the newspapers are delivered each morning. One morning, Theo's brakes fail on his car while delivering the newspapers and he hits someone out walking a dog. The injured party sues the newspaper company, who raises as a defense that Theo was an Independent Contractor not an employee. A. Will this injured party prevail in court in getting damages from the employer?

Reference no: EM133855022

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