6. Don works as a peanut vendor at a minor league baseball stadium. When a customer in an aisle calls out for a bag, Don makes an underhanded pitch that hits and injures an adjacent patron. That person sues the business that pro-vides Don with the peanuts. The provider of the peanuts argues that Don is an independent contractor and should therefore not be liable for his inability to pitch a packet of peanuts. Should this provider be vicariously liable for the injuries caused by Don's errant pitch?