South Dakota man finds mouse in Coca-Cola can, sues company 28 Apr 2017
A South Dakota man has sued Coca Cola after he allegedly found a dead mouse in a can of the soft drink.
Duane Putzier claimed he had missed 60 hours of work and incurred expenses of $1,000 as he fell sick.
He has sought $2,026 plus damages proven at trial, with interest.
What happened? FACT
Putzier bought the 16-ounce can at a gas station last June. In his complaint, he said he had almost finished the can, before he felt something touched his lips. He fell ill with diarrhea and abdominal pains for the next several weeks.
No proof mouse entered can during bottling: Coca-Cola defends Coke
Attorneys for Coca Cola argued there was no proof that the mouse had entered the can during bottling; there was a six-week gap between bottling and Putzier opening it.
They claimed if the mouse was there since bottling, it would have been in a more advanced stage of decomposition; a veterinary pathologist will analyze it.
Laws changed for the case Laws
The new South Dakota law under which this case was filed allows each party to have one witness and six hours. But conditions for this case were changed: they were allowed three witnesses each and have four days.
The defense is hoping for testimony from the line supervisor and quality assurance manager of the Portland plant, where the can was bottled.