Abstract: On January 27, 2005, Employee #1 was assigned by the Foreman to pull a day-laborer bus out of the mud on a harvest field. Employee #1 had just completed the assignment of pull the stuck bus out of the mud and was driving the tractor (John Deer Model 6420, Serial Number L06420D413287) behind a harvest machine. Employee #1 was driving the tractor to drop it off on the other side of the harvest field because his task was completed. The harvest machine in front of the tractor was a self-propelled implement, but due to the muddy conditions another tractor driven by the Foreman was used to help clear the way for the harvest machine. Both tractors and the self propelled harvester were running in a small convoy up the furrows. As Employee #1 followed behind the harvest machine, he saw that the hydraulic conveyors ("wings") of the harvest machine were adjusted low. Employee #1 dismounted his tractor with the engine running. Employee #1 admitted not engaging the parking brake as he left his tractor with the engine running but denied that he kept it the tractor in gear. Employee #1 alleged that he put the tractor in neutral before dismounting and leaving the tractors' controls. Employee #1 claims that the tractor jumped into gear from Neutral, after he dismounted the tractor. When Employee #1 dismounted the tractor, he was approximately 10 ft to 15 ft away from the harvester. Employee #1 went to the rear of the harvest machine where the controls for the hydraulic wings were located. Employee #1 was making adjustments to the wings and had his back to his tractor. Employee #1 did not notice the tractor moving forward. The tractor pinned Employee #1 to the harvest machine. A coworker was on the harvest machine handling bundles of cartons and heard Employee #1 yell. Employee #1 suffered a fractured femur and fractured wrist and was hospitalized. .