Abstract: At approximately 7:00 p.m. on September 5, 2002, Employee #1 was using a Champ forklift, Model Number CRL-60, Serial Number HCRL607DDRZ860262, to move pallets of stucco from his parked truck to the front of some residences under construction. Employee #1 had finished making a drop and was going down the street to the parked truck when the forklift's brakes began to fail. Employee #1 lost control of the vehicle, which went up the left side of the road and then flipped onto its right side. Employee #1 was ejected from his seat, striking his head on the pavement as he landed. Employee #1 suffered serious head trauma and was transported to the hospital and was admitted. Employee #1 remained in a coma for two days after the accident. The forklift was not provided with a seat belt assembly.