01/04/2012 // WPB, FL, USA // Injury Lawyers News // Nicole Howley
Madison County, IL — An Illinois man has sued PepsiCo after finding a dead mouse inside of a Mountain Dew can; but in a strange twist PepsiCo is fighting the litigation, by arguing that the soda would have dissolved the mouse, Fox News reports.
Ronald Ball, 52, of Madison County, Ill., sued PepsiCo after his Mountain Dew didn’t taste normal when he purchased it from a vending machine at his job in November 2009.
Ball is seeking $50,000 in damages.
Ball’s lawsuit asserts that the plaintiff “took a drink, and immediately became violently ill such that he began to vomit.”
“The contents of said can of Mountain Dew were immediately poured into a Styrofoam cup wherein a dead mouse was found,” the lawsuit read.
The dead mouse and a complaint was sent to PepsiCo by Ball, who now says the company destroyed the mouse, leaving him without evidence.
But, PepsiCo asserts that its testing showed the mouse would have dissolved in the soft drink if it was inside the can at the time of bottling to the time he had allegedly consumed it.
The Smoking Gun reported that Veterinarian Lawrence McGill also backed up PepsiCo’s claims by stating that the mouse would have dissolved into a “jelly-like” substance after 30 days.
The only part of the rodent that could survive is a portion of the tail, McGill revealed.
Court is scheduled on January 11.
Legal News Reporter: Nicole Howley-Legal news for Illinois product liability lawyers.
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