ROUND HILL — A state report on the Nov. 9 death of landscaper Nathaniel Lee McCoy in Frederick County is inconclusive about what caused a truck to roll and run him over, but states his employer wasn’t at fault.

“There was no information available to suggest that the employer knew of any deficiencies or malfunctions that may have contributed to this accident,” said a Virginia Occupational Safety and Health (VOSH) report written by Safety and Health Compliance Officer Michael Trabosh. “Therefore [this officer] does not recommend the issuance of citations to A Cut Above Landscaping and Lawn Care for the accident.”

The report was released on Tuesday to The Winchester Star through a Freedom of Information Act request. VOSH is part of the Virginia Department of Labor and is not affiliated with the federal Occupational Safety and Health Administration. In Virginia, OSHA only has jurisdiction at federal facilities.

The accident occurred outside a home in the 200 block of Woodfield Lane where an in-ground pool was being installed. Trabosh said a 2003 Ford 550 Super Duty Power Stroke Diesel Truck with 4,608 pounds of concrete on two pallets was parked in the driveway. The truck’s engine was off, the shifter was in park and the emergency brake was on.

As an employee with a Bobcat 1770 skid steer loader attempted to remove the pallets, the truck, which was on a slight downward slope, “lurched forward” and rolled east down the driveway. McCoy, who was about 50 yards away from the truck and laying concrete block for the pool wall, chased after it.

McCoy caught up to the truck after it rolled about 40 yards. He opened the driver’s side door and attempted to jump in when the truck hit a V-shaped drainage ditch causing it to change direction and become slightly airborne. It dragged McCoy before he was crushed by the rear wheels. He died at the scene.

Trabosh noted that in 2018, Ford recalled nearly 350,000 F-Series trucks that might roll when parked. In a news release, Ford said an “unseated gear shift cable clip” connected to the transmission might cause the trucks to roll even after drivers shifted into park and turned off the engine.

“If the parking brake is not applied, this could result in unintended vehicle movement, increasing the risk of injury or crash,” the release said. “Ford is aware of one reported accident and injury related to this condition.”

However, Trabosh said he could find no documentation that the recall included the model of truck that rolled. While what caused the truck to roll couldn’t be determined, Trabosh said there were a few possible explanations:

· The gear shifter didn’t completely engage when put in park and the force of the Bobcat removing the pallets caused the shifter to move out of park.

· The gear shifter didn’t engage into park at all, but the weight of the concrete in the bed of the truck kept it from rolling until the concrete was removed.

· The emergency brake or parking brake didn’t fully engage despite being set.

Trabosh recommended the truck be fully inspected before being used again. However, Tyler W. Stine, company president, said in an interview on Wednesday that the truck was dismantled and scrapped. Stine, who said the company fully cooperated with VOSH, said he didn’t want anyone else to ever be put at risk by the truck.

McCoy was a 37-year-old husband and father of one and a James Wood High School graduate, according to his obituary. He worked in landscaping since he was a young man and began working for A Cut Above in 2013. McCoy was the company’s hardscape and mowing superintendent. Hardscape landscaping refers to work with bricks, concrete and stone.

McCoy’s obituary said he loved cooking, fishing, hunting, music, and working on dirt track race cars. He was a fan of NASCAR and the Miami Dolphins and was described as a good friend and dedicated employee.

Stine said McCoy was a good friend, father and husband. He said he and his employees still mourn McCoy’s death.

“It’s not something you just get over,” he said. “But we’re all just trying to move in a positive direction and keeping him in our memories and knowing that he’s with us.”

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