1.Chris Brown owned a farm in Gahanna, Ohio (Cedar Tree Farm), and operated a restaurant in Columbus, Ohio (Cedar Tree Diner).Gahanna and Columbus are located along Route 201 approximately 15 miles apart.Max (a local farmhand) and Cedar Tree Farm have executed a contract that says that Max is an independent contractor, and will feed the livestock, milk cows, and perform other farmhand activities.As the owner of Cedar Tree Farm, Mr. Brown requires Max to work from 9-5PM at least 4 days each week and one day on the weekend.While at the farm and when operating vehicles owned by the farm, Max must wear overalls bearing the farm's name and logo.Mr. Brown often requires Max to use the pickup truck owned by Cedar Tree to deliver vegetables and other produce to Cedar Tree Diner.

One day, Max had a doctor's appointment in Columbus.Mr. Brown suggested that Max use the pickup truck owned by Cedar Tree Farm rather than taking the bus to Columbus.That way, in addition to going to his doctor's appointment, Max could also deliver produce to the Diner, and pick up a saw rig Mr. Brown needed to perform some repairs on the farm.Wearing the overalls provided by the farm, Max drove to Columbus, dropped the produce off at the Diner, and loaded the saw rig into the pickup truck.After his doctor's appointment he drove several miles to Eastland Mall to get a bite to eat and do some shopping.Eastland is in the direction of Cedar Tree Farm but not on the direct route leading from the Diner to the farm.On leaving Eastland Mall he drove to a nearby farm to visit some friends to get some farming tips he thought would help Cedar Tree Farm.While there, he had a few beers and left around 10:00pm just as it was starting to rain.The friend's farm is located on the directroute from Mr. Brown's Diner to Cedar Tree Farm (the same route Max had driven that morning in going from the farm to the Diner).On the way to the farm to deliver the saw rig, Max lost control of the pickup truck, hitting and killing an elderly woman who was walking along the edge of the road.

a.What claim is the elderly woman's daughter likely to bring and against whom?If Cedar Tree Farms is sued, will Cedar Tree Farms be found liable in the wrongful death lawsuit? Please analyze the claim and assess its viability.