An Oxford woman sued U.S. Beverage in federal court after she allegedly discovered two mice in a can of soft drink after she consumed the beverage.
The complaint claims Shannon Sellers' boyfriend bought a can of Arizona Arnold Palmer Lite at a gas station in Oxford on April 30, 2023. Sellers put the unopened can in her icebox and took it with her to work the next day. Sellers works at Ole Miss.
Magnolia State Live reported last week:
Horrified and nauseated, Sellers said she immediately rushed to the restroom to vomit. The experience left her traumatized, and she sought medical attention later that day. During her visit, she and the physician discovered not one, but two mice inside the can.
“I ended up taking the next two days off work because I was struggling so significantly with nausea and anxiety,” Sellers said. “I just felt so disgusted and struggled to eat or drink for several days because I was so terrified of consuming something else that was tainted.” Article
Sellers sued U.S. Beverage Packers in U.S. District Court in November 2023. The complaint charged the defendant with negligence, product liability, and breach of warranty.
U.S. Beverage responded Tuesday with an expert's report that strongly disputed the plaintiff's allegations.
The report states:
• The interval from can manufacture to consumption was 6 months and 19 days.
• The canning machinery at the USBP plant is not open to the factory floor and there are guards in
place. Typical commercial rodent abatement practices are in place.
• Temperature of product entering can is at least 88°C (192°F), and the can is pressurized with
liquid nitrogen after lid is mechanically seamed....o Post-mortem interval is estimated at 4-7 days based on scoring of tissue
decomposition changes.
o Skin is preserved without evidence of partial thickness burns as would be expected with the high
temperature of the beverage at canning (88°C [192°F]).
o Ectoparasites (presumed fleas) are still attached to the hair of Mouse Band the skeletal muscles
and lungs of both mice are well preserved- which would be the initial tissues damaged via drowning
in hot water.
o One study involving an alcoholic, pasteurized canned beverage demonstrated that mice
become completely skeletonized after 3 months suspended in can. Given the over 6-month time frame
between manufacture and consumption of the product, the mice would have completely disintegrated
without identifiable features.• Based on a previous study, had the mice been inadvertently canned at the manufacturer 6 months
before consumption, the plaintiff should have encountered severe alterations in the pasteurized
product upon opening the can.
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U.S. Beverage moved for summary judgment. However, Magnolia reported there were similar complaints:
The company produced 79 pages of consumer complaints related to rodents found in beverages, with incidents reported across the Eastern United States, the Midwest, and the South.
Attorney Ray Hill represents the plaintiff. Attorney David Dunbar represents the defendant.
The case is assigned to U.S. District Judge Sharion Aycock.
Note: Posted below are complaint, memorandum for motion for summary judgment, and expert's report.
35 comments:
This was part of the plot in the movie Strange Brew as well.
Well I guess the part that's going to keep me up at night now is knowing that a mouse should completely disintegrate inside a can within six months. How many mice have we all drank unknowingly??
Happens at brewery’s
That’s what gives home brew from my still ( moonshine) its kick.
back in about 1989 there was a very well publicized case about a bunch of pentecostals going through a rankin county popeyes and ordering among other thing a big order of onion rings. later they claimed there was a fried mouse in the onion rings. they then sued in rankin county circuit court. right before the trial started they declined an offer of $35,000. they wanted 100,000$ . the defense declined and trial began . the rankin county jury gave them 0.00$. theses cases are hard to win.......wow thats back when $35000 was a pile of money.
How can they have 79 complaints and still deny there's a problem?
The desire for easy money is as old as our species, and the one with deep pockets is the usual target.
An "Arizona Arnold Palmer Lite" ?????
Let's make a federal case out of this nothing claim.
I am pretty sure every reader of this blog knows what is going on here.
Man in England drinking Bud Light years ago found a stinking mouse in his can. Said it was in there when he opened it. Bottling company, denying responsibility, says no it got into the customer's can after he opened it. Man said the beer smelled like death when he popped the top. Solution: drink beer from bottles.
Take off, eh?! Hoser
And in some related cases...
https://www.snopes.com/fact-check/mountain-ewww/
If this grift doesn't succeed she can always claim that she spilled McDonald's coffee on her lap which damaged her waawaa.
This is very common. Mice are very smart and are able to open a soda can, climb inside, and then close up the lid.
Sounds to me like someone dropped a mouse in the can so they can get a big settlement. The judge should have dismissed the case.
I believe her.
At least Mr and Mrs Mouse went together. Touching. Their little paws holding each other tenderly. They must have been might determined to go, a suicide pact, to work their way into a sealed can and reseal it. Tragic, yet so romantic in a way.
Now she's up at Vandy it seems. Why do the colleges need a Study A Broad Coordinator? I thought the boys were already studying them closely.
Why do they need a Study A Broad Coordinator? I've been studying them for years and never have figured them out.
@1:15 PM, I don't. This is another grifter.
Anything for a free dollar! Hope she loses the case . . . AFTER her greedy lawyer books many hours in time.
Come one man, this could happen. I once discovered an elephant in a can of bud light.
Money money money money, money
For the love of money
People will lie, Lord, they will cheat
For the love of money
People don't care who they hurt or beat
For the love of money
Almighty dollar
I know money is the root of all evil
Do funny things to some people
Give me a nickel, brother can you spare a dime
Money can drive some people out of their minds
Got to have it, I really need it
How many things have I heard you say
Some people really need it
How many things have I heard you say
Got to have it, I really need it
How many things have I heard you say
Lay down, lay down, a woman will lay down
For the love of money
If we wanted to put a stop to this bullshit stipulate that the loser in this type of grift has to pay the defendants costs.
She got greedy and alleged two mice. Grifter.
@ August 22, 2024 at 5:59 PM
Or, she heard that one mouse claims don't fly, so she doubled-down.
100% true. Had a friend who did warehouse inspections for a national company. Many of them were filled with soft drinks, staged on pallets. He would use a blacklight to look for rodent infestation. He would laugh and ay they (rats and mice) loved to take a leak on soft drink tops. With the blacklight, their piss would fluoresce. He said pretty much every drink can on the top layer of most pallets was covered in dried rat piss. A word of caution. Be sure to wash of the top of your beer can, or at least lick it clean so you won't get rat piss on your lips.
I feel certain that the attorney for the defense (a really nice guy) is having a good time with this case.
That and maybe her shark told her that two mice yield twice the judgement.
Whats the big deal? We ate Rats in Jungle Training back in the '70s...Snakes too...We have community water. A few yrs ago a contractor was installing new water lines. all done, turn the valve & Pop! No Water! Upon closer inspection it was discovered that a Possum had been napping in one them pipes & he was installed & clogged the Tee up! Should I Sue the Water Assoation???
An interesting pattern is definitely developing up at TSUN. The mascot morphs between a bear and a shark. An Old Myth player imitates a dog pissing on a ball field. Possums are being grilled in The Grove on game-day. The husband of an Old Myth VP is arrested for mistreating animals. An employee at Old Myth finds dead mice in a soft drink can. A busload of Bulldogs will appear on campus this November. The town has more chicken restaurants than red-lights.
This don't look good!
Sorry, but I call bullsh*t
6:28. Don’t give up your day job.
to 6;28...............i see that the beautiful people of the SEC are back at it again. there is nor a single topic that they can't connect to their chicken shit college
Testing - I published a comment yesterday and it never posted. I guess we'll see if this one appears.
When you take the skin off is there really any difference in a rat and a squirrel? Same with a racoon and a cat. Meat is meat.
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