Forbes v. D&D Mulch & Landscape, Inc.

Plaintiffs John P. Forbes and Margaret A. Forbes (together, “Forbeses”) brought suit against defendant D&D Mulch and Landscape, Inc. (“D&D”) after discovering significant amounts of construction and other debris spread across portions of the yard at their Franklin, Massachusetts home. Many, although not all, of the affected areas had been dressed with some eight cubic yards of “screened” loam provided by D&D. The Forbeses contended at trial that the loam D&D provided was contaminated with debris, and that the presence of the debris left the Forbeses unable to enjoy the use of their yard and…