Abstract: At around 9:10 p.m. on June 8, 2005, Employee #1 and three coworkers were working at the Penn National Race Course. The four workers were moving a starting gate to the starting line. The starting gate is a mechanical device with stalls for horses to stand in until the starter releases the doors to begin a race. The 17-ton starting gate, which is on wheels, is not self-propelled; it is towed by a tractor or other self-propelled vehicle around the race track to different starting spots as determined by the distance of each race. It does not have seats, steps, or any other means designed to accommodate riders. One of Employee #1's coworkers drove the tractor, and the other two coworkers rode on the starting gate somewhere in stalls 1, 2, or 3. Employee #1 rode in a stall further back, anywhere from stall 7 to stall 11. Employee #1 might have been changing the numbers on the stalls when the accident happened, though this is not certain. After the fourth race, while the starting gate was being moved to the starting line for the next race, Employee #1, riding on the gate, fell off and was run over by the gate. He was killed.