Abstract: At 2:17 p.m. on May 22, 2012, Employee #2, an equipment operator, was driving a Caterpillar Model Number H160 motor grader (Serial Number CAT 0160HJTASD00685) from south to north (in a forward direction) during final grading. The motor grader passed by Employee #1, who was on his left side. Employee #1, a grade checker for Coffman Specialties, was going to set grade hubs to indicate the final fine grade. According to Employee #1, he made eye contact and made hand gestures to Employee #2 that he was going south of the motor grader to set a hub. At that time, Employee #2 began backing up the motor grader. Its right tire ran over Employee #1, injuring him seriously while he was kneeling down and setting the hub. Employee #1 fractured his pelvis, left upper leg, and suffered a collapsed lung. Employee #2 did not control the operation in such a manner as to ensure his knowledge of the presence of Employee #1 on foot in the area during grading operations. Employee #1 was taken to the Riverside County Regional Medical Center in Moreno Valley, California for treatment. Surgery was performed and Employee #1 was hospitalized for a total of four weeks. The company was a contractor specializing in general engineering design and construction of large public highways and governmental projects.