Abstract: At approximately 2:30 p.m. or 3:00 p.m. on December 2, 1999, Employee #1 was sent out on the road to repair a broken down truck off Highway Number 249 in Tomball. Employee #1 arrived at approximately 4:50 p.m., repaired the truck and left Tomball at approximately 5:25 p.m. Two other employees were waiting for Employee #1 at the shop and one of them wanted Employee #1 to give him a ride home, as Employee #1 did every day. Since Employee #1's truck was located outside the shop, they started looking for Employee #1 but they could not find him. The employees assumed he came in and went out with someone, so they went home at approximately 9:00 p.m.During the same day, another truck driver from the Midway Trucking, Incorporated, driving vehicle Number 401, came into the yard at approximately 2:35 p.m. and left for home at 3:00 p.m. The truck driver of the vehicle Number 401 stated that he had inspected his truck in the morning on the day of the accident and everything was correct. No maintenance or repairs to the truck were reported. The following morning the truck driver of the vehicle Number 401 came in and placed his lunch box inside the truck using the passengers' side. Then he went into the shop. At approximately 7:00 a.m. he returned to his truck and found Employee #1 pinned between the frame and the bed of the truck. Employee #1 died.