SAN DIEGO (CBS 8) - A tree trimmer is killed in an on-the-job accident and now, it's up to a judge to decide whether the company is responsible.
The business's owner and two other employees are facing OSHA violations charges and could be deemed negligent.
After hours of waiting, a judge finally ordered a case involving a tragic tree-cutting accident to be continued September 8.
It's an emotional one after a father was killed.
Prosecutors blame it on his boss.
David Scott Wolfe and his company, Three Frogs Inc. which renovated homes, is facing serious charges after one of their landscapers was killed in a tree trimming accident.
OSHA cited them with more than a dozen violations.
Joshua Pudsey was killed instantly after a large branch fell and crushed his head last November.
The 42-year-old was on a cherry picker, trimming a 60-foot Eucalyptus tree outside of his employer's house on Date Avenue.
OSHA determined that Pudsey and his coworkers were not properly trained or had the experience to cut down a tree that size. He's been on the job for only several months.
Wolfe, his CFO and COO also face charges of unemployment insurance fraud and failure to have workers' compensation insurance.
The company was ordered to stop operating after they were slapped with all these hazardous workplace violations.
Pudsey's mother spoke to CBS News 8 previously -- she's been outspoken about the family's tragedy -- saying he left behind a widow and newborn.
"He's going to be raised without a father. I think he should be given money to go to school for as long as he wants to go to school," Debbi Anderson said.
If convicted, Wolfe, faces 6 1/2 years in prison and more than $1 million in fines.
