Abstract: At noon on September 16, 2002, Employee #1 was operating a Kramer 812-SL forklift at a hilly residential tract where his employer, Design Masonry, was building block walls for 80 new homes. The fuel level on his forklift was low and he began to back out of his parking space to move the lift to an unpaved area for refueling, as per the company's instructions. The forklift stalled as he backed it downhill, and it continued to roll slowly backward. The vehicle would not restart because it was out of gas. A foreman walking next to Employee #1 told him to apply the brakes, however the power brakes did not function when the lift was not running. The foreman asked Employee #1 if he had set the parking brake. In checking the parking brake, Employee #1 inadvertently turned off the brake. By this time the forklift was approaching a street with vehicle traffic. Employee #1 apparently panicked and tried to turn onto a newly-paved street that had an uphill grade. He missed the turn onto the road and instead knocked over a portable restroom. The collision caused the forklift to tip onto its side. Employee #1 was wearing his seat belts and the forklift was equipped with ROPS, but when he unclipped his belts while in a horizontal position he fell out of his seat and struck his head and arm. Employee #1 sustained a head laceration and was treated at Henry Mayo Hospital.