Eastern Rivers Fly Fishing Guides (Eastern) operates under a license from the U.S. Forest Service as an outfitter, which is a corporation engaged in the business of arranging fishing expeditions on the Red River in North Dakota. Daniel Boone is licensed by the U.S. Forest Service as a guide to conduct fishing expeditions, but cannot do so by himself, since the Forest Service only licenses outfitters to take patrons down the Red River. Eastern and several other licensed outfitters have Boone guide clients on fishing trips. Due to the fact that the Forest Service licenses only outfitters to sponsor fishing expeditions, every guide is required display on the boats and vehicles they use the insignia of the outfitter who is sponsoring the particular trip. Boone may agree or refuse to take individuals Eastern refers to him, and Eastern does not restrict him from taking guiding expeditions for other outfitters. Eastern pays Boone a certain amount for each fishing trip and makes no deductions from his compensation. Boone's responsibilities include transporting patrons to the Red River, using his own boat for fishing trips, providing food and overnight requirements for patrons, assisting patrons with fly fishing, and transporting them back from the river to their vehicles.

Paul Blart, badly in need of a vacation from his security job at Super, contacted Eastern and arranged for a fishing trip. Blart paid Eastern, which determined the price for the trip, set the itinerary, rented his fishing rod to him, and arranged for Boone to be his guide. When Boone met Blart, he answered in the affirmative when the plaintiff asked him if he worked for Eastern. Boone provided his own vehicle and boat and supplied the food, equipment, and fuel for the trip. Both the vehicle and the boat had signs bearing Eastern's identification and logo. While driving Blart back to town at the conclusion of the fishing trip, Boone lost control of his vehicle and got into an accident, injuring Blart. Blart seeks compensation from both Boone and Eastern.

a) What arguments could Blart make for claiming that Boone was an employee of Eastern?

b) What arguments could Eastern make for claiming that Boone was an independent contractor?

c) Which party will likely prevail? Explain and cite the law that supports your argument.