Herb Wray is a high school teacher but he decides to wash and repair decks as a side business, particularly in the summer when he is not teaching. He has started a sole proprietorship. He decides to hire Matt Tice to help him. One day Matt is alone on a job and fails to nail down some boards on a deck he is repairing. Amy Svorec, a neighbor visiting the owner of the deck, walks on the deck, falls through, and is injured. Mat is negligent and causes injury. Is Herb liable, why or why not?