Abstract: At approximately 10:30 a.m. on Tuesday, March 13, 2007, Employee #1 was working as a construction laborer for Superior Ready Mix Concrete, LP, which produces concrete, aggregate, and asphalt products and delivers and installs these products to customers throughout the San Diego, CA, area. He, a coworker, and a supervisor were at a public road asphalt repaving project in San Diego. All three were employed by Superior Ready Mix. One of Employee #1's coworkers was backing up his dump truck in the closed portion of Pomerado Road in San Diego. The firm was resurfacing the existing asphalt pavement there, by removing, grinding up, and collecting the used asphalt and then repaving the road with new asphalt. A grinding machine followed the dump truck directly, so that the waste asphalt could be collected inside the dump truck as the workers moved down the road simultaneously. Once a certain length of asphalt pavement was removed, the grinding machining and dump truck stopped. Then both the grinding machine and the dump truck, if it had not yet been filled, moved back to their beginning point to start removing another strip of asphalt parallel to the path that had been previously cut and removed. After looking in both of his rear view mirrors, the coworker driving the dump truck started to back down the road, unaware that Employee #1 was behind him, most likely in a blind spot. The coworker thought the dump truck had hit a debris pile, so he stopped the truck and got out to look. He found Employee #1 underneath the right rear wheels of the dump truck. Employee #1 had sustained fractures to the cervical portion of his spine. He was taken by ambulance to Palomar Medical Center in Escondido, where he died.