Mickey went to eat at a local restaurant. He was unsatisfied with the meal, and decided to leave quickly without paying. Another patron noticed that Mickey left without paying, and followed Mickey's car onto the highway. The patron called a manager at the restaurant from a cell phone, providing information as to Mickey's location. The manager called 911 to relay the information to the police.

The cars were driving at high- speed on the highway. Mickey lost control of his vehicle and suffered significant injuries after crashing into an embankment. The patron drove away from the scene without being identified. Mickey subsequently sued the restaurant, claiming that the patron was an agent of the establishment and therefore vicariously liable for the cause of the accident. Will the patron most likely be considered an agent of the restaurant?

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