Wis JI-Civil 4060

Question inquires whether, at the times material hereto, was an

independent contractor.

An "independent contractor" is a person who contracts with another to do something

for him or her, but who is not controlled by the other, nor subject to the other's right to

control, with respect to his or her physical conduct in the performance of the undertaking.

In arriving at your decision as to what your answer to this question should be, you may

consider the contract between the parties; (the course of conduct of the parties, if the terms of

the contract are in doubt as to control); the nature of the business or occupation of the parties;

the party furnishing the instrumentalities or the tools for the work; the place of the work; the

time of employment; the method of payment; the right to summarily discharge employees;

the intent of the parties to the contract, so far as it is ascertainable; and any and all of the

surrounding circumstances that tend to characterize the relationship.