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article image'Mouse in Mountain Dew' lawsuit is settled out of court

By Leigh Goessl     Aug 6, 2012 in Business
Madison - A lawsuit against PepsiCo over an alleged mouse in a can of Mountain Dew has been settled for an undisclosed sum of money.
The case made international headlines in January after the company's expert testimony came to the conclusion that there was no way a mouse was in the can of soda because it wouldn't have lasted in the soda intact.
A man by the name of Ronald Ball said he opened a can of Mountain Dew in Nov. 2008 he'd purchased from a vending machine at his place of employment. He alleged he got violently ill after taking a sip. Upon pouring the contents of the can out into a cup, he said there was a dead mouse in the liquid.
After this incident Ball initiated a lawsuit in 2009 against PepsiCo, maker of Mountain Dew.
Pepsi denied these claims. The details of the lawsuit went viral on the web was after it was reported in January an expert witness testified for the company it was impossible a mouse would be inside the can.
His reason? He said if there had been a mouse, it would have long dissolved into jelly by the time the beverage reached the vending machine. The affidavit was posted by The Smoking Gun at the time.
This testimony, widely speculated to be grosser than finding a mouse in a can of soda in the first place, garnered a lot of attention in the media. However, the case is now over.
Attorneys representing both the plaintiff and the defendant filed for dismissal on July 30 after reaching a settlement. Ball will get an undisclosed sum of money and Pepsi maintains their denial of liability.
"It was a confidential settlement at the plaintiff's request," Ball's attorney, Ed Unsell, said on Monday, reported the Madison Record.
PepsiCo had "maintained their denial of liability," Unsell said. "It was settled for an undisclosed sum. It's a done deal, and both parties are on their way."
The Record has been covering this story since the beginning.
About the settlement in this well-publicized case, the Atlantic Wire noted, "the world may never know whether Mountain Dew can dissolve a mouse," further stating, "more pertinently" how much Pepsi spent to avoid finding out.
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