Mouse in Mountain Dew case gets new schedule; trial set in November

Amelia Flood Jun. 3, 2011, 8:23am


A suit over a mouse allegedly found when a man took a drink from a can of Mountain Dew has a new schedule and a November trial date.

Madison County Circuit Judge Dennis Ruth signed an order revising the case management order in a suit brought against PepsiCo Inc. and its bottling arm by Ronald Ball.

Ball claims that after opening and beginning to drink a can of Mountain Dew he purchased from a vending machine at his work, he tasted something foul.

He spat out the soda to reveal a dead mouse.

The plaintiff contends he sent the mouse to Pepsi which then destroyed the body.

Ball is seeking damages in excess of $50,000 and other relief.

Pepsi denies the plaintiff's claims and the defense has moved to dismiss the case.

In support of that move, Pepsi cited expert testimony that the mouse would have dissolved in the soda had it been in the can from the time of its bottling until the day the plaintiff drank it.

The parties pushed off a May 20 hearing earlier this month.

According to Ruth's May 31 order, the parties are to complete taking depositions before the start of September.

The case is set to being trial the week of Nov. 28.

Thomas Keefe Jr. and Samantha Unsell represent Ball.

Pepsi recently filed for a substitution of attorneys

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

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