Abstract: At approximately 12:45 p.m. on October 11, 1993, Employee #1, a tree cutter, felled an 90 foot tall oak tree. As the tree fell, the top branches of the tree struck a black gum tree that was about 80 feet away from the oak tree and on the opposite bank of a shallow hollow between the two trees. After the oak tree was felled, Employee #1 left the immediate area and took a break with the skidder operator. After resting for 10 to 15 minutes, the two men returned to work and Employee #1 started to delimb the felled oak tree. Approximately 5 minutes later, (15 to 20 minutes from the time the oak tree had been felled), the black gum tree fell, striking Employee #1 on the left side of the head. He sustained massive and fatal head injuries and was pronounced dead at the scene by the Burke County Medical Examiner. Because Employee #1 was a subcontractor, no employee/employer relationship existed on this work site and no OSHA inspection was conducted.