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Levine and Slavit, PLLC - Blog

Personal Injury Attorneys - Manhattan, Brooklyn, Queens, Long Island and the Bronx

The Latest “It Couldn’t Have Happened” Defense – The Mouse in the Soda Can Would Have Disintegrated

Posted On Jan 7, 2012 @ 04:26 AM by Ira Slavit

The products liability lawsuit brought by Ronald Ball alleges he became violently ill when he opened a can of Mountain Dew and found a dead mouse inside.  The maker of Mountain Dew, PepsiCo, has brought on a motion to dismiss the lawsuit with the unique defense that their product is so destructively acidic that any mouse would have completely disintegrated by acids that would have turned the mouse's body into a “jelly-like” substance.  PepsiCo has submitted to the court an affidavit from a veterinary pathologist explaining their defense in morbid step-by-step detail.  Can't wait to pop open my next soft drink.