MITCHELL, S.D. (AP) — A South Dakota man who claims to have found a mouse in a can of soda is suing Coca-Cola Co., saying he missed 60 hours of work and accumulated $1,000 in medical bills after becoming ill.
Coca-Cola Co. attorneys contend the mouse should have been more decomposed because six weeks had passed between bottling and when Putzier opened the can on June 7, the Daily Republic in Mitchell, South Dakota, reported (http://bit.ly/2qiyJdQ ).
“It had fur. It had blood on its nose. Its limbs were intact. There was very minor decomposition,” Brian Johnson, an attorney for the Atlanta-based company, said during a motions hearing Tuesday.
Johnson said he anticipates testimony from a veterinary pathologist, who will analyze the mouse’s decomposition. The defense also hopes to get testimony from the quality assurance manager and line supervisor of the Portland, Indiana, plant where the can was bottled.
Putzier is seeking $2,026, plus any general damages proven at trial, with interest. He sued under a new South Dakota law that allows certain cases to be handled more quickly. Under that law, each side is restricted to one witness and six hours.
But Johnson asked Judge Patrick Smith to change those limits for the case. Smith approved three experts for each party and agreed to lengthen the time limit for the trial. Johnson asked for four days, though the trial could take longer.
“Coca-Cola is faced with a claim that’s really an attack on its brand,” Johnson said. “Coca-Cola takes these cases extremely seriously and tries them all.”