Abstract: At approximately 10:28 a.m. on April 4, 2008, a temporary employee from the Labor Ready temporary employment agency was working at an auto auction. The auction was being run by the auctioneer ADESA at the Fox Motors dealership in Akron, NY. The employee was driving a vehicle that was ready to be auctioned. The vehicle was a 1999 Dodge Ram pickup with partial vehicle identification number (VIN) 387HC13YXG21840 (a complete VIN is 17 alphanumeric characters long). The temporary employee stated that her vehicle, which she was moving for placement in the auction, went out of control and struck a pedestrian, who was a customer at the auction. The pedestrian was walking in between the auction lanes reviewing vehicles for purchase, when he was struck by the vehicle. He was caught between the vehicle and the building wall. Rescue workers arrived on the scene and transported the pedestrian and the driver to the Erie County Medical Center, where the pedestrian died of his injuries. The driver was treated and released. Based on the evidence at the scene, it appears that human error on the part of the driver contributed to the accident.