Ronald Ball, who claimed he found a rodent’s body in a can of Mountain Dew was told by Pepsi that he must be wrong because it would have dissolved into jelly.
Ronald Ball, from Illinois, is suing Pepsi claiming the Mountain Dew he drank made him violently ill, and he began throwing up.
When it happened, Ronald Ball said he poured the fizzy drink into a styrofoam cup and to his shock out came a tiny mouse.
Ronald 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.
The man claims when he called a telephone number on the can to complain, they sent an adjuster to retrieve the mouse.
But, Ronald Ball said, Pepsi 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 Ronald 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.
Ronald Ball is seeking damages in excess of $50,000. Pepsi, represented by lawyers Steven Danekas and Cassiday Schade, denies his claims.
