Abstract: On October 24, 2006, an employee obtained the Bobcat mini excavator from an area of the property approximately 25 feet southwest of the southwest corner of the lone structure on the property. The employee who became the operator of the machine traveled west along the north side of the pool fence for roughly 75 feet and then turned in a northerly direction and traveled along the middle of the yard for another 85 feet to a point in the yard where an agricultural plant known as plant grass, species unknown, was to be removed from the yard. The employee, once the plant was dug up and placed into the bucket of the machine, reversed direction for approximately 20 feet. During this reverse time period, the machine tipped over in a westerly direction resulting in the employee either jumping out or falling out of the machine. The machine struck the employee in the upper torso and head with the roll cage of the machine. The employee was not wearing the seatbelt at the time of the incident. It had been placed under the seat cushion. The employee was killed.