Dan is a sole proprietor who provides firearm safety and proficiency instruction to the public. He routinely engages certified firearm instructors and range safety officers to lead outdoor shooting events for Dan's learners/clients.

 

Sam is one of Dan's outdoor shooting instructors. Dan rents outdoor shooting ranges and assigns his learners to attend a series of outdoor shooting lessons before certifying them for the purchase of firearms and ammunition under applicable state law. 

 

On the day of an outdoor shoot at a reserved range, Dan introduces the instructor, such as Sam, to his learners and then departs while Sam instructs and maintains range safety. Upon completion of an outdoor event, Dan pays Sam $500 in cash. Aside from providing the outdoor event venue and requiring the event instructor to maintain standards of firearm use and safety, Dan allows his instructors the discretion and judgment to conduct the shooting event as they, please.

 

 At one such outdoor event, one of the learners accidentally discharged her firearm and Pete was injured. Although Dan was not present at the scene of the accident, Pete sued Dan for negligent hiring and supervision of Sam and for the alleged negligence of Sam in conducting the outdoor shooting event. 

Dan moves for dismissal of the vicarious liability claims asserted by Pete against Dan for the negligence of Sam. 

 

On what theory or theories, if any, can Dan prevail in his dismissal motion? Explain