Abstract: On December 6, 2007, Employee #1 cut a 27-in. diameter red oak. It was approximately 70 ft tall to the top of the crown. Employee #1 placed a conventional notch and left a hinge of an appropriate size. The back cut was placed approximately 1.5 in. below the bottom of the notch. There was no evidence that any wedges were used. The red oak tree fell until it hit another white oak. The white oak slightly rotated the red oak tree and stopped it from falling. It held the red oak tree at an angle of approximately 70 degrees to the ground. It appeared that Employee #1 retrieved a skidder, backed it up to the red oak tree, and used the skidder to climb up. He placed a chain around the red oak tree at a height of approximately 10 ft above the ground. The skidder was moved back up the hill to a distance of 75 ft from the red oak tree. Employee #1 went back to the red oak tree. At that time, the red oak tree limb of a 4 in. in diameter and 9 ft long fell and struck Employee #1 on his head. Employee #1 was killed. Upon inspection, there was other dead branches hung up in the red oak tree and there were other dead and damaged trees in the felling path of the red oak tree. There was not adequate management of the dead trees.