Abstract: Employee #1, a truck driver, parked his 10-wheel dump truck, raised the bed, and proceeded to the back of the truck. The tailgate was open. He proceeded to clean asphalt off the lip of the truck with a shovel. A backhoe approached the rear of the truck to scrape the bed of the truck. Employee #1 backed away from the truck. As the backhoe scraped the truck bed it bumped the top of the tailgate, causing the tailgate to swing shut forcefully and swing back open. The backhoe operator was watching his bucket in the truck. Apparently Employee #1 approached the tailgate and looked inside the truckbed just as the backhoe struck the tailgate which swung closed, striking Employee #1 in the head. He was pushed into the truck body, fractured his skull, and died.