Moran Perry was walking in an intersection with the right of way when he was struck and injured by a dump truck driven by William Johnson. Perry filed a suit 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. A jury agreed with Perry and awarded damages. Why would Asphalt & Concrete want to avoid liability for Perry's injuries and what would be their claim?