Abstract: On January 19, 2005, the driver of a truck, Employee #2, had pulled his truck into the scrap yard at Novick Metal Recycling LLC to unload scrap aluminum. He proceeded to the location in the scrap yard where office personnel had directed him to unload. Employee #2 had originally pulled up perpendicular to the rollaway dumpster. He then decided to reposition his vehicle, backing it squarely to the dumpster to make it easier to unload. As Employee #2 repositioned his vehicle, Employee # 1 approached to assist in unloading. Once Employee #2 determined he was close enough, he placed his vehicle in neutral and went to set the brake. The vehicle jumped into gear and struck the dumpster. Employee #2 pulled the vehicle forward and walked to the back of the truck. It was then that he saw Employee #1 lying dead on the ground between the truck and the dumpster. Employee #2 said that he never saw Employee #1 while backing the vehicle.