The independent contractor situation differs from most other tort cases in that the employer usually is not the actual tortfeasor. As the contractor is the one who commits the actual wrong, the employer is liable, if at all, only vicariously. One of the main questions becomes not whether the injured party shall recover, but from whom he shall recover. This is the question examined here.
Robert Blattner, Employer Immunity in Independent-Contractor Torts in Ohio, 9 Clev.-Marshall L. Rev. 287 (1960)