FIDUCCIA v. SHERWOOD NURSERY & GARDEN

No. 83 CA 0484.

448 So.2d 201 (1984)

Mr. & Mrs. L.J. FIDUCCIA v. SHERWOOD NURSERY AND GARDEN CENTER, INC., et al.

Court of Appeal of Louisiana, First Circuit.

Writ Denied June 1, 1984.


Attorney(s) appearing for the Case

Guy Modica, Baton Rouge, for plaintiff-appellant Mr. & Mrs. L.J. Fiduccia.

Robert Kleinpeter, Baton Rouge, for defendant, third party defendant-appellee John C. Morgan, American Southern Ins. Co., Eddie Gray.

Robert Hoover, Baton Rouge, for defendant-third party plaintiff-appellee Sherwood Nursery & Garden Center, Hartford Acc. & Indem.

Before PONDER, WATKINS and CARTER, JJ.


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...

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