Abstract: At 10:00 a.m. on September 25, 1997, a truck driver and two movers or helpers had just finished moving office furniture from an industrial truck equipped with a rear-mounted hydraulic lift gate. A trash bin, which was about the same length as the truck, was located just along the right side of the truck. At that point, the lift gate was open and resting on the loading dock. To close this lift gate, the truck had to move forward, clear the lift gate from the dock, lower the lift gate and fold it upward. The truck driver then got into the cab with the other helper sitting on the passenger side, and started to move the truck out of the loading dock. Instead of moving straight out, the truck swerved to the left. The driver heard a loud noise, and he knew that the truck had hit the trash bin parked beside it. When the driver got out to inspect the damage, he saw Employee #1 slumped to the ground, near the right hand side control of the lift gate and between the truck and the trash bin. From the position of the bruises, as the truck had swerved to the left, the lift gate had swung and hit the lower chest area of Employee #1 and crushed him into the side of the trash bin.