Fiduccia v. Sherwood Nursery & Garden Center, Inc.

CARTER, Judge:

This is a suit for damages for personal injuries.

On March 1, 1979, plaintiffs, Mr. and Mrs. L.J. Fiduccia, went to Sherwood Nursery and Garden Center to purchase some topsoil and cross-ties with which to make a garden. Sherwood Nursery and Garden Center delivered the cross-ties the following day and stacked them near the concrete apron of the driveway in the Fiduccia’s backyard. The nursery, however, was unable to supply their customers with topsoil, but made arrangements with John C. Morgan to have the soil delivered to the Fiduc-cia’s home.

On March 6, 1979, Eddie Gray, driver…