NO. 92-220 

IN THE SUPREME COURT OF THE STATE OF MONTANA 

1992 

ANDREW CARL LONG, 

Plaintiff and Appellant, 

-vsMONTANA FOREST PRODUCTS, 

a limited partnership, 

Defendant and Respondent. 

APPEAL FROM: 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. Sullivan, Attorney at Law, Whitefish, 

Montana 

For Respondent: 

Ward E. Taleff and Lisa Swan Semansky, Alexander, 

Baucus & Linnell, Great Falls, Montana 

Filed: 

Submitted on Briefs: August 6, 1992 

Decided: September 1, 1992 
Chief Justice 3. A. Turnage delivered the Opinion of the Court. 

Andrew Carl Long appeals from an order of the District Court 

for the Eleventh Judicial District, Flathead County, granting 

summary judgment to Montana Forest Products in this action for 

trespass. We affirm. 

The issue is whether the District Court erred in granting 

summary judgment to the defendant. 

Long and Montana Forest Products own adjoining land in 

Flathead County, Montana. While he was hauling logs from Montana 

Forest Products property, Fred Krause crossed Long's property, 

destroying some trees. This is the basis for the claim of 

trespass. 

Summary judgment is proper when the pleadings, depositions, 

answers to interrogatories, admissions, and affidavits on file show 

there is no genuine issue as to any material fact and the moving 

party is entitled to a judgment as a matter of law. Rule 56(c), 

M.R.Civ.P. All of the evidence before the District Court at the 

time of Montana Forest Products' motion for summary judgment showed 

that Fred Krause was an independent contractor. His contract with 

Montana Forest Products, which was before the court, provided that 

he was responsible for building and maintaining all roads he deemed 

necessary in order to harvest and market the timber. There was 

nothing in the record to indicate that Montana Forest Products 

agreed to indemnify, accept responsibility for, or pay for damages 

2 
caused by Krause. It is established law in Montana that a person 

contracting with an independent contractor is not liable vicariously for the torts of the contractor. Kemp v. Big Horn County Elec. 

Co-op. (1990), 244 Mont. 437, 439, 798 P.2d 999, 1001. 

Long argues that deposition testimony of James C. Morine and 

Charlene O'Neil raises material issues of fact which preclude 

summary judgment. However, he failed to file these depositions 

with the District Court. They therefore could not be considered 

for purposes of summary judgment. 

We hold that the District Court did not err in granting 

summary judgment for Montana Forest Products. Pursuant to Section 

I, Paragraph 3(c), Montana Supreme Court 1988 Internal Operating 

Rules, this decision shall not be cited as precedent and shall be 

published by its filing as a public document with the Clerk of this 

Court and by a report of its result to the West Publishing Company. 

Affirmed. 

3 
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