Abstract: On January 26, 1999, Employee #1, of Ard Contracting, Inc., was on the third tier of a tubular welded-frame scaffold, waterproofing the windows of a restaurant. He was working alone when he fell 17 ft to the ground, fracturing his hip and suffering facial bruises and lacerations. He was admitted to South Baldwin Hospital in Foley, AL, and underwent hip replacement surgery the following day. He was up and walking a day or so after the operation, and his prognosis was thought to be good. About a week later, he began complaining of stomach pains. The pain persisted and his physical condition began to deteriorate. On February 2, he underwent exploratory surgery to determine the cause of the pain and his worsening condition. On February 24, 1999, he died of acute lung injuries, septicemia, and a perforated bowel. Employee #1's widow stated that his doctor told her the perforated bowel was unrelated to her husband's fall and would have occurred anyway. Employee #1's coworker was not present when he fell. The scaffold was owned and had been erected by a subcontractor, Jemco Plastering, Inc. Neither Jemco nor Employee #1's supervisor knew that Employee #1 was on the scaffold. The supervisor did state, however, that he had assigned Employee #1 to waterproof the windows and that he knew he would have to use the scaffold to reach those on the second and third floors. He also said that he had allowed Employee #1 go about doing this job on his own, without the help of a coworker. An eyewitness to the accident stated that Employee #1 appeared to have fallen over the top of the guardrail, as if he were doing a cartwheel. The eyewitness also stated that there was no midrail on the scaffold level from which Employee #1 was working.