Scenario:
Alberto Pirollo was killed when his tractor rolled over as he was driving over a large mound of manure in a corral belonging to Montana Dairy. Pirollo was an employee of Golden Cal Trucking, and Golden Cal Trucking was an independent contractor. Montana Dairy had hired Golden Cal Trucking to scrape the manure out of its corrals and to haul it away in exchange for the right to purchase the manure at a discount. Plaintiffs, Pirollo's wife and five children, sued defendants Montana Dairy and Golden Corral's owner Barney Wallace on the theory, among others, that they were negligent in hiring Golden Cal Trucking because they failed to determine whether Pirollo was qualified to operate the tractor safely. Is Montana Diary liable for Pirollo's death?
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