Moran Perry was walking in an intersection with the right of way when he was struck and injured by a dump truck driven by Willam Johnson Perry filed a sult in a Maryland state court against Asphalt & Concrete Services, Inc. (ACS) to recover for the injuries, alleging that Johnson was ACS's employee. The defendant claimed that Johnson was an independent contractor Ajury agreed with Perry and add damages. Why would Asphalt & Concrete want to avoid liability for Perry's injuries and what would be their claim?