Brandenburg v. Briarwood Forestry Services, LLC

¶ 1. The question we address in this case is whether Robert Luethi, who hired an independent contractor to spray herbicide on his property, may be held liable to his neighbors, the Brandenburgs, for the extensive, permanent damage they claim the spraying caused to 79 trees on adjoining property. Bruce Brandenburg, who owned property at the top of a steep slope above Luethi's pasture, claimed damage to all eight trees on his land; Kelli Brandenburg, who also owned property at the top of the slope, claimed damage to 71 of 115 trees on her land.

¶ 2. More specifically, we must determine whether…