Abstract: At 3:45 p.m. on August 1, 1989, employees of P. Flanigan & Sons, Inc., were paving berth #2 parking lot at Sea Girt Marine Terminal. Employee #1, a laborer, was walking toward the paver in the lane to be paved. At the same time, a driver for Ingram Excavation, Inc., was backing a 20-ton asphalt truck toward the paver in the same lane. The driver said that he saw Employee #1 in his rear-view mirror and blew his air horn because his back up alarm was not working properly. When Employee #1 disappeared from his view in the mirror, the driver thought that he had gotten out of the way. Employee #1, however, was still in the path of the backing truck. A laborer who was near the paver yelled to Employee #1 to get out of the way of the truck, but Employee #1 continued to walk in the paving lane. The truck backed over him, crushing him to death.