Johnny runs a lawn mowing business. He is the only employee and business is slow. ABC, Corp. proposes that Johnny work full-time on their properties for the rest of the summer. Johnny agrees. ABC tells Johnny to start at 8AM and to quit at 4PM each day. Johnny uses ABC's mowers and drives their vehicles when appropriate. Rather than getting paid by the job, as is normal for Johnny, he is paid hourly and keeps track of his hours. ABC tells him that they will not pay for more than 40 hours per week.

Johnny does a couple of other lawns in his spare time or on the weekends while working at ABC. Assume Johnny hurts an innocent bystander while mowing. Is ABC liable? Why or why not?