(CN) – In a shocking defense, lawyers for Pepsi argued that its Mountain Dew would have dissolved a mouse that a man claims he found inside a Mountain Dew can.
Ronald Ball sued Pepsi in 2009 in Madison County Court, Edwardsville, Ill. He claimed he’d tasted something foul while drinking a can of Mountain Dew and spat out the soda, revealing a dead mouse.
Ball said he sent the mouse to Pepsi, which destroyed it.
Pepsi denied the claim and moved to dismiss the case. In April 2011, it cited expert testimony that a mouse would have dissolved in the soda had it been in the can from the time of its bottling until the day Ball drank it, according to the Madison County Record.
Ball was allowed to file an amended complaint on Nov. 21, 2011.
Madison County Circuit Judge Dennis Ruth has given Pepsi until Jan. 11 to answer the amended complaint, according to the Record.