JARRELL v. WYCKOFF HEIGHTS HOSP.


227 A.D.2d 118 (1996)

641 N.Y.S.2d 313

Edyth Jarrell, as Administratrix of The Estate of Kenneth Saunders, Deceased, v. Wyckoff Heights Hospital et al., Defendants and Third-Party Plaintiffs-Respondents, et al., Defendants. Thompson Medical Company, Inc., et al., Third-Party Defendants-Appellants. (And a Second Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, First Department.

May 2, 1996


We agree with the IAS Court that issues of fact exist concerning the possible connection between decedent's use of the Slim-Fast product and his death. However, the third-party complaint, which is grounded on the third-party defendants' failure to warn, must be dismissed as the pre-diabetic condition which was allegedly aggravated by the use of the Slim-Fast shakes resulting in the decedent's demise was unknown to decedent at the time he began his diet. Therefore, any warning...

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