Jeff Doughty worked for Beta Land Services. He received two weeks mandatory training.

Beta gave him a computer and required him to be at work between 8:00 a.m. and 5:00 p.m. every day. His pay was set at a daily rate for ongoing service. He retained the right to control his work scheduling. He could cancel his contract at any time without liability for breach. While he was bringing supplies to the company’s main office, his vehicle rear-ended a vehicle driven by Brock Simon. Simon filed a suit in a Louisiana court against Doughty, his insurer, and Beta. Simon alleged that at the time of the accident Doughty was Beta’s agent, rendering Beta vicariously liable for its agent’s negligence.

Was Beta vicariously liable for Doughty’s negligence?