Ed owned and operated a trucking company and he retained Don as an independent contractor to drive Don's truck to make deliveries for Ed. Before retaining Don as a driver Ed never inquired about Don's driving record, job references, or medical conditions which may impact Don's ability to drive. If Ed had made such an inquiry Ed would have discovered that Don had a sleep disorder that caused Don to spontaneously fall asleep, and that on several occasions Don had fallen asleep while driving. And so it was that one day while making deliveries for Ed Don fell asleep and struck Paul, a pedestrian, who suffered severe injuries.

A. Assume that Don is an independent contractor. If so, who is liable for Paul's injuries? Discuss.

B. If Don was Ed's agent, who is liable for Paul's injuries? Discuss.