Abstract: On October 1, 1990, a fuel truck driver delivered gasoline and diesel to an establishment. After the gasoline was off loaded into underground tanks the driver backed his truck to the above ground diesel tank and off loaded the diesel. Employee #1 had come out to change the price on the pump as soon as the delivery was completed. Once the diesel delivery was complete, the hoses stored, and the truck locked, the driver pulled the vehicle forward enough to remove his wheel chock, killing the engine and leaving the truck in first gear. The driver put the chock away, got back into the truck, and engaged the clutch to start the engine. The truck rolled back. When it struck the tank, the railroad ties, on which the tank rested, shifted and pinned Employee #1 between the tank and a sign post. Employee #1 died.