3. Willy is a door-to-door salesman. He gets paid only if he makes a sale. Willy is given a sample case of the products to carry around. The provider of the sample case does not tell Willy when to start or to stop work but asks that Willy work only on the north side of the big city. One hot, long, frustrating day, Willy travels to the south side of town and on a highway overpass, flings the sample case onto a highway. A car hits the sample case on the roadway and its driver is injured. In response to a suit brought by the injured driver against the provider of the samples case, the provider files a motion for summary judgment, on the grounds that as a matter of law, Willy was on a frolic. In the alternative, the provider says that Willy was an independent contractor. Would a court grant summary judgment for the provider on either defense? Why or why not?