Abstract: MERCHANDISE IN AN OFFICE WAREHOUSE HAD TO BE MOVED TO A NEWLY ACQUIRED WAREHOUSE TO MAKE ROOM FOR MERCHANDISE STORED ON A PARKING LOT. EMPLOYEE #1 AND A WITNESS TO THE ACCIDENT WERE ALTERNATELY TRANSPORTING AND STOCKING THE MERCHANDISE INTO THE NEWLY ACQUIRED WAREHOUSE, USING FORKLIFTS. THE WITNESS WAITED AT THE CORNER OF THE PARKING LOT'S DRIVEWAY FOR EMPLOYEE #1 TO PASS HIM WITH THE UNLOADED FORKLIFT. THE SIDE WALK WAS USED AS ROUTE FOR TRANSPORTING MERCHANDISE. EMPLOYEE #1 PASSED AND THE WITNESS PROCEEDED ONTO THE SIDEWALK. HE THEN HEARD THE ENGINE OF EMPLOYEE #1'S FORKLIFT REV UP. HE TURNED AND SAW THE FORKLIFT FLIP AND PIN EMPLOYEE #1 UNDER THE OVERHEAD PROTECTION OF THE FORKLIFT.