Ruth to hear defendants' dismissal plea in mouse in Mountain Dew suit

Amelia Flood Oct. 27, 2009, 5:10am


Madison County Circuit Judge Dennis Ruth will hear arguments on a motion to dismiss a personal injury suit brought by a plaintiff who allegedly found a mouse in a Mountain Dew can.

Ronald Ball is suing Paul Pohlman, Pepsico Inc., Pepsi Cola General Bottlers, Inc., and Supervalu Holdings Inc., the owner of Shop N'Save Warehouse Foods, Inc.

He alleges that he bought a Mountain Dew from a Wood River vending machine and became ill drinking it. After dumping out the can, he alleges that there was a dead mouse in it.

A case management conference in the case is set for Wednesday at 9 a.m.

Defendants Pohlman and the owner of Shop N'Save have asked Ruth to dismiss parts of Ball's amended complaint.

Ball contends he filed a complaint with the maker of the drink and sent in the mouse's body. It was not returned in a way that it is usable for evidentiary purposes he claims.

Ball is seeking damages of more than $325,000 and costs in the 10-count complaint.

Pohlman, the manager of the Shop N'Save where the can was originally purchased, and his employer are asking Ruth to dismiss the seventh through ninth counts of the complaint.

The motion will be heard at 9 a.m. Nov. 6 as stipulated in an Oct. 9 order signed by Ruth.

Edward Unsell represents Ball.

The Pepsi defendants are represented by Steven Danekas.

The Shop N'Save defendants and Pohlman are represented by Beth Boggs.

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