The Daily Rag, a local newspaper, provides its customers with home delivery using "Independent Deliverers". The written contract between The Daily Rag and each deliverer:

I. Assigns the deliverer a specific route;

II. Provides the deliverer a commission based on the number of papers

delivered;

III. Allows the newspaper to terminate the contract at any time without

cause; and

IV. States that the deliverer is an independent contractor and not an agent of

the newspaper

The newspaper conducts training sessions on how to make deliveries and sign up new customers for subscriptions. The contract makes no mention of the training sessions, but the newspaper takes attendance at each session. Each deliverer supplies his or her own vehicle to make their deliveries. The newspaper does not withhold Social Security and Medicare taxes from the commissions paid and does not pay the employer's portion of Social Security and Medicare on the commission amounts.

Dom Bell is a delivery driver for The Daily Rag. While delivering papers last week, Dom lost control of his car and crashed into a building owned by Sidney Fields, damaging the building's front entrance and lobby.

Sidney Fields sues The Daily Rag. What is the result of the lawsuit? Explain your answer.