Pepsi given another extension to answer amended complaint in mouse in Mountain Dew
PepsiCo was granted a two-week extension to answer a second amended complaint in a case filed by a man who claims he found a dead mouse in a can of Mountain Dew.
Plaintiff Ronald Ball claimed that after opening and beginning to drink a soda he bought from a vending machine at work in 2008, he tasted something foul. He claimed that when he spit out the soda, a mouse fell out.
Madison County Circuit Judge Dennis Ruth had set a Jan. 11 deadline for PepsiCo to answer Ball's second amended complaint, until he granted the extension Tuesday.
The company has said that the mouse body would have transformed into a jelly-like substance had it been in the soda for as long as Ball alleges it was.
He is seeking damages in excess of $50,000.
Steven E. Danekas and Cassiday Schade represent PepsiCo.
Samantha Unsell represents Ball.
Madison County Circuit Judge Dennis Ruth presides.
The case is Madison Case number 09-L-440.