Abstract: At 4:00 p.m. on April 7, 2004, Employee #1 was injured at the University Marsh Reserve, where he works. His duties consist of landscaping and maintenance work, such as repairing fences, assisting professors and interns in the ecology projects, procurement of supplies, and performing monitoring of water conductivity. He had been employed for 10 years performing the above duties. The previous year, the employer bought a rops-equipped Kubota tractor with a mower installed at the rear and a loader at the front for Employee #1 to use in the Marsh Reserve area. Employee #2 works in the Arboretum area performing maintenance work and sculpture. Employee #1 was performing his normal duty. He drove the Kubota tractor, Model L4300DT, Serial Number 52666, that is also equipped with a flail mower, manufactured by John Deere, Model Number 25A, Serial Number P00025A344761. The mower extended approximately 18 inches from the rear of the tractor. Employee #1 started to mow the lawn in one direction. On his way back, he continued the job along the roadside. He inadvertently hit a rooted tree. The tree came down on him, shoving him down into the tractor compartment, while the tractor was still moving forward. Employee #1 was able to compose himself enough to sit up and turn off the tractor and mower. He walked out from the tractor and went to the maintenance yard. He saw Employee #2 working along the edge of the marsh and he asked for help. Employee #2 called the paramedics immediately. Employee #1's injuries resulted in the loss of his left outer ear and a seven day stay in the hospital, where he underwent surgery.