Mouse in Mountain Dew plaintiff seeks default judgment

Christina Stueve Mar. 27, 2012, 9:29am



Plaintiff Ronald Ball is asking Madison County Circuit Judge Dennis Ruth for an order of default judgment against defendant Pepsico Inc. and Pepsi Cola General Bottlers, Inc.

Ball is suing Pepsico after he allegedly found a mouse in a can of Mountain Dew.

Defendant Pepsico Inc. and Pepsi Cola General Bottlers did not answer the plaintiff's second amended complaint filed Nov. 12.

A default judgment is a judgment against a defendant who has failed to plead or otherwise defend against the plaintiff's claim. Ball's motion for default judgment was filed March 23.

Judge Ruth on Dec. 14 granted Pepsico 28 days or until Jan 11 to answer or plead the plaintiff's second amended complaint. Pepsico Inc. and Pepsi Cola General Bottlers Inc. requested a two-week extension to answer the plaintiff's second amended complaint on Jan. 17.

Michael Nester of Donovan Rose Nester replaced the law firm of Cassiday Schade as counsel for Pepsico Inc. on Jan. 18.

Ball allegedly bought a can of Mountain Dew from a vending machine at his workplace at Marathon Oil in Wood River on Nov. 10, 2008. The Mountain Dew Products were purchased from the Shop N' Save grocery store in Wood River. After buying the can of Mountain Dew, Ball opened it, took a drink and immediately became so violently ill that he threw up.

The contents of the can of Mountain Dew were immediately poured into a Styrofoam cup, where a dead mouse was found, according to the lawsuit.

In its defense, Pepsico 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 $75,000.

Samantha Unsell represents Ball.
The case is Madison Case number 09-L-440.

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