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

It’s like the old joke, “Who are you going to believe? Me or your own eyes.” One standard defense used to try to defeat a plaintiff’s case is the “It couldn’t have happened” defense, that is the occurrence complained of could not possibly have happened the way the plaintiff says it did. Often an expert is called upon to explain the impossibility of what was observed in plain sight. And so it goes in the products liability lawsuit brought by Ronald Ball, who alleges he became violently ill when he opened a can of Mountain Dew and found a dead … Read the rest

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