5) Mighty Mick Malice (MMM) owns a furniture store.He hires day laborers to come in and move the furniture, drive the van and unload the furniture at customer's houses.MMM has a clear sign in his store that the individuals loading and delivering the furniture to the customers are independent contractors.It should be noted that when the laborers begin work everyday, they put on a yellow shirt that says Mighty Mick's, they return the shirt at the end of the day for MMM to launder.The work out of the warehouse with the sign Mighty Mick's on the side and drive a truck with the same sign.The day laborers are paid at the end of the day.Mick does not take out payroll tax or provide any employee benefits and never guarantees the workers that they will have a job the next day.Kelly Kole (KK) orders some furniture from MMM.MMM send Looney Lou (LL) to deliver the furniture.LL has worked for MMM in the past but has also been asked by MMM to leave as he has shown up to work occasionally intoxicated and has been known to start fights with other workers and customers.When LL arrives at KK's house, he drives the truck over some of her outdoor furniture.When she gets out to complain, he assaults her.The police are called and he is arrested but now KK would like to sue for damages.Underwhat theory can she sue MMM?How likely is she to be successful?What would be the key issue in determining MMM's liability?(5 points).