New York, Jan 5 (): Pepsi Co, which is presently facing a lawsuit filed by a man who claims he found a mouse in his Mountain Dew can said in a response statement filed by its lawyers has landed the company in deep trouble. The statement said it was impossible that anyone could find a dead mouse in their can because the mouse would have already turned into a jelly. The Pepsi co lawyers in an attempt to tackle the case smartly said something pretty stupid that could affect its brand image.
Mr. Ball, of Madison County, filed papers saying he bought a can of the Pepsi-made soft drink from a vending machine at work in 2009. He claims when he called a telephone number on the can to complain, they sent an adjuster to retrieve the mouse. But, Mr. Ball said, the company would not return the mouse until it had decomposed, ruling out additional testing by the plaintiff. Since then, the case has gone to court and Pepsi has moved to dismiss it.
The case was continued by Madison County Circuit Judge Dennis Ruth, who granted the defendant 28 days to answer or otherwise plead the plaintiff’s second amended complaint. A trial had been set to begin November 28, but was put back in an order signed by Judge Ruth on November 10. A second amended complaint was then filed on November 21. Mr Ball is seeking damages in excess of $50,000.
Defending the $50,000 claim, PepsiCo hired veterinary surgeon Lawrence McGill to conduct a detailed post-mortem. In his submission to court, he said the mouse was not sufficiently decomposed to have spent significant time inside a can of Mountain Dew, a drink associated with extreme sports.
“After four to seven days, veterinarian Dr.Lawrence McGill in his affidavit said the Mountain Dew would dissolve all the calcium in a mouse’s bones. Its stomach and head would rupture. After 30 days, the mouse would disintegrate except possibly a portion of the tail into a jelly-like substance,” said McGill. This mouse had not been born when the can of Mountain Dew was filled and sealed on Aug. 28, 2008,” he added.