Abstract: On January 19, 2005, Employee #1, of the Albertsons Distribution Center, was standing between palletized products in the grocery receiving dock area between bays 91 and 93 doing his inventory, pending shipment. He was searching along the side of a pallet for an item that he had missed. Without looking, Employee #1 stepped out between the 6-foot-tall pallets, putting his right foot forward. He did not notice Employee #2, operating a Raymond model number EAS1-R40TT stand-up forklift, with serial number EZ-B-16427, passing by. Employee #2 did not see Employee #1 until he heard him call out. The right rear drive wheel of Employee #2's forklift hit Employee #1's right big toe. Employee #1 was taken to the emergency room, where he was treated and released for a cut on the toe, but it later became necessary for surgeons to amputate a part of the toe because of an infection that developed. Employee #1 was wearing steel-toe safety shoes. Both Employee #1 and Employee #2 are full-time employees of Albertsons. There were no direct witnesses to the incident.