Abstract: On January 5, 2009, several employees were digging out soil for footings under the vertical, recently poured cement walls of five window wells and one stairwell of a residential basement foundation. Apparently the footings were not poured and set before the vertical walls were constructed. The stairwell walls were approximately 19 ft long extending west to east, and the other 3 ft wide at the west end only, extending north to south, connecting that end to the main foundation. There was no east wall connecting the 19 ft vertical wall to the foundation at that point. Employees dug out the soil for the footings approximately 8-in. deep starting from the middle of the 19-ft vertical wall, approximately 6 ft eastwardly and stopped approximately 3 ft from the unattached end. There were two 4-in. by 4-in. diagonal wood braces extending from approximately mid-wall into the soil at the bottom of the excavation wall. At approximately 3:00 p.m. Employee #1 was waterproofing the outer 19-ft wall with tar. Apparently Employee #1 removed the east diagonal brace, near the unattached end, to waterproof the footprint area of where the brace contacted the wall. The 1,400-pound wall broke away from the foundation at the west end and the entire 19-ft by 8-ft concrete wall fell on Employee #1. Employee #1 sustained serious crushing injuries and was rushed to the hospital were he died later that day.%09