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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