A trial is set to begin Nov. 28 in a man's lawsuit against Pepsico over allegations that a mouse was found in a can of Mountain Dew.
Plaintiff Ronald Ball claims that after opening and beginning to drink the soda he purchased from a vending machine at work, he tasted something foul. He claims he spat out the soda to reveal a dead mouse.
Madison County Circuit Judge Dennis Ruth presides in the case that was filed in 2009.
The case docket sheet shows no activity since May 31, on which date Ruth ordered parties to complete taking depositions before the start of September.
Ball claims 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.
Thomas Keefe Jr. and Samantha Unsell represent Ball.
Madison County case number 09-L-440.