New York, Jan 4: Soft drink multinational Pepsi is facing a suit from Illinois resident Ronald Ball after the later found a small mouse's body inside his can of Mountain Dew in 2009.
But the strange argument that Pepsi has given is that Ball would never have known the mouse had been in his can because it would have dissolved into jelly.
Ball says he bought the Moutain Dew can from a vending machine at work in 2009, and while pouring the drink into a styrofoam cup, he found to his shock when a tiny mouse came out.
Ball alleges the Mountain Dew that he drank made him violently ill, and he began throwing up.
Ball, of Madison County, when he called a telephone number printed on the can to complain, they sent an adjuster to retrieve the mouse.
But, 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.
According to reports, Pepsi's expert says the mouse would have become a 'jelly like' substance long before Ball ever opened 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.
Ball is seeking damages in excess of $50,000. Pepsi, represented by lawyers Steven Danekas and Cassiday Schade, denies his claims.