LONG v MONTANA FOREST PRODUCTS
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92-220 NO. IN THE SUPREMECOURT OF THE STATE OF MONTANA 1992 ANDREWCARL LONG, Plaintiff and Appellant, -vsMONTANAFOREST PRODUCTS, a limited partnership, Defendant APPEAL FROM: and Respondent. District Court of the Eleventh Judicial District, In and for the County of Flathead, The Honorable Robert J. Boyd, Judge presiding. COUNSEL OF RECORD: For Appellant: Mark R. Montana Sullivan, Attorney at Law, Whitefish, For Respondent: and Lisa Swan Semansky, Ward E. Taleff Baucus & Linnell, Great Falls, Montana Submitted Filed: on Briefs: Decided: Alexander, August 6, 1992 September 1, 1992 Chief Justice 3. Andrew for the A. Carl Long Eleventh summary delivered appeals from Judicial judgment trespass. Turnage to the an order District, Montana Opinion of of the Flathead Forest the Court. District Court County, Products in granting this action for We affirm. The issue summary is whether judgment Long to and Flathead Court erred Forest own adjoining Products Montana. While he was hauling property, Products destroying District Fred Krause crossed is basis some in granting defendant. Montana County, Forest the the trees. This the land logs from Long's for in Montana property, the claim of trespass. Summary answers to judgment is interrogatories, there is no genuine party is entitled M.R.Civ.P. All time of Montana that Fred Montana Krause in agreed in to the the before Products' motion and market that responsibility 2 56(c), judgment the harvest indicate Rule His the for, the showed with provided that roads timber. Montana at contract court, all show moving Court contractor. to accept law. District and maintaining to and the summary building record indemnify, of for was before on file fact the for order depositions, and affidavits as a matter evidence which pleadings, any material a judgment Products, the as to was an independent he was responsible necessary issue to of when admissions, Forest Forest nothing proper he deemed There Forest or pay was Products for damages caused contracting ly It by Krause. for with the Co-op. of the (1990), established an independent torts Long is that Charlene O'Neil summary judgment. 437, raises with the for purposes of We hold summary I, Court the for liable Big Horn 999, Montana shall filing he failed to fact file vicariousCounty C. Morine which these could Elec. 1001. James of therefore Court Forest Supreme not its did not Court and preclude depositions be considered to Affirmed. 3 err in Pursuant 1988 the with West granting to Internal the Section Operating as precedent document result not Products. be cited as a public of of issues District Montana and by a report not a person judgment. 3(c), by its is testimony They decision this published that that 798 P.2d material summary judgment Paragraph Rules, deposition Court. Montana Kemp v. 439, However, District in contractor contractor. 244 Mont. argues law and shall Clerk Publishing of be this Company. We concur: September 1, 1992 CERTIFICATE OF SERVICE I hereby certify that the following order was sent by United States mail, prepaid, to the following named: MARK R. SULLIVAN Attorney at Law 6336 Highway 93 South Whitefish, MT 59937 Ward E. Taleff Lisa Swan Semansky ALEXANDER, BAUCUS & LINNELL, P.C. P.O. Box 2629 Great Falls, MT 59403 ED SMITH CLERK OF THE SUPREME COURT
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