This case involves the wrongful death of an employee, who was fatally injured while operating an industrial lathe machine. Approximately twenty-three years earlier, the manufacturer was sued by another family for the same hazard. Nothing was done to remedy this known hazardous design defect and predictably, the next generation model lathe had the same design defect. The plaintiff here loaded a steel bar into the lathe machine. Approximately 2-feet of the bar extended beyond the confines of the machine. There were no fail safes designed into the machine to protect end users from the known hazards when using the machine with unprotected extended bars. Once the pre-calculated program was initiated on the machine, the bar spun at 2500RPM in 1.7 seconds causing it to bend, warp, and whip, ultimately striking the employee in the left shoulder and head. The whipping steel bar partially severed the employee’s left arm who later succumbed to his injuries