Abstract: On January 13, 2006, a worker was operating a John Deere earth mover in an open area adjacent to his company's workshop. Employee #1, the owner of the company, was initially talking with the operator. Upon completion of their conversation, Employee #1 walked away from the earth mover, toward his truck, and began talking on his cell phone. The operator drove the earth mover a short distance, stopped, and began backing. Although the operator checked his rear view mirror and did not initially see Employee #1, when he checked a second time he observed Employee #1's legs sticking out from the side of the machine. Employee #1 was killed.