Abstract: Employee #1, the sole owner of a masonry company, was in a scenic mountain town with Employee #2, his brother-in-law, a self-employed architectural photographer. Employee #1 was operating a Pettibone construction forklift on the side of a road. He elevated Employee #2, who was attempting to photograph a house on the side of the mountain, onto a pallet that was attached to the forklift. When the forks were fully extended, the forklift began to roll down the hill and overturn. Employee #2 was thrown down the mountain 60 feet. He sustained pelvis injuries and was transported to the hospital. Employee #1, who was not wearing a seat belt, either attempted to exit or fell out of the vehicle. As he was crawling away from the vehicle, it rolled onto him, crushing and killing him. No contractual working relationship was noted.