In Gurnsey v. Conklin Co., Inc. (1988) 230 Mont. 42 (751 P.2d 151), farmers brought an action against a fertilizer company for crop loss, alleging that the independent contractor fertilizer salesmen misrepresented the product's abilities. (Id. at p. 153.) At trial the court instructed the jury that the defendant fertilizer company could be held liable for the torts of its independent contractor salesmen if it was negligent in hiring these salesmen. (Id. at pp. 157-158.) After the jury found for the plaintiffs, the fertilizer company appealed, asserting that this instruction was in error. The Montana Supreme Court agreed, reversing the judgment because the court's instruction did not limit, pursuant to Restatement 2d Torts, section 411, the defendant's liability for negligent hiring to claims for physical harm. (Gurnsey v. Conklin Co., Inc., supra, 751 P.2d at p. 158.)