Tim operated his own business and entered into an employment contract with Kimball Industries to provide services and be paid as an independent contractor. Over an extended period of time, Tim worked exclusively for Kimball under the direction of Mr. Kimball, who gave Tim instructions for work he performed each day during established work hours. In the event that Tim committed a tort and a third party filed an action against both Tim and Kimball Industries,

Applying the principles discussed under employment law, how would the court determine who would be held liable for the tort damages?