Hearing set in Mountain Dew mouse suit

Amelia Flood Oct. 6, 2009, 6:27am

A motions hearing is scheduled in a suit over a mouse found in a man's Mountain Dew.

The hearing before Madison County Circuit Judge Dennis Ruth is scheduled for 9 a.m. Friday, according to the court schedule.

Plaintiff Ronald Ball is suing the soft drink's maker, bottler, and others for seven counts of negligence, products liability, breach of warranty and spoliation of evidence.

His suit seeks damages of at least $50,000 and costs.

According to his complaint, Ball was drinking a Mountain Dew at his Wood River workplace when he was forced to spit it out. On emptying the soda, a dead mouse came out. Ball later sent the mouse in a Mason jar to Pepsi. Pepsi returned the mouse's corpse in such a state that it is not usable as evidence at trial, Ball claims.

Several motions to dismiss Ball's suit were filed in September by the defendants in the suit.

The case also is scheduled for a case management conference in November.

Ball is represented by Edwards Unsell of East Alton.

PespiCo Inc. and Pepsi Cola General Bottlers are represented by
Steven Danekas.

Supervalu Holdings Inc., the owner of defendant Shop n'Save
Warehouse Foods Inc., is represented by Beth Boggs. She also represents defendant Paul Pohlman.

The case is Madison case number 09-L-440.

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