South Dakota man sues Coca-Cola after he 'found a dead mouse' in his can of Coke

Coca-Cola is alleging that if the mouse were in fact bottled inside the can, which was consumed by Putzier six weeks after bottling, then it would have been in a more advanced stage of decomposition. Photo/Getty Images

A South Dakota man who claims to have found a dead mouse in a can of soft drink is suing Coca-Cola.

Duane Putzier is saying that he missed 60 hours of work and accumulated US$1000 ($1452) in medical bills after becoming ill from the allegedly mouse-infested 16-ounce can of Coke he consumed on June 7, 2016, according to Daily Mail.

He claims he felt an object 'shift toward the opening' of the can as he was finishing the drink, the Grand Forks Herald reported.

In court documents, attorneys for Coca-Cola disputed that there was proof that the mouse ended up in the can during bottling.

The company said the mouse would have been in a more advanced stage of decomposition and the can would have been compromised by consequent gases, The Daily Republic in Mitchell, South Dakota, reported.

Brian Johnson, an attorney for the Atlanta-based company, told the Republic: "It had fur. It had blood on its nose. It's limbs were intact. There was very minor decomposition."

Six weeks had passed between bottling and when Putzier opened the can on June 7.

Johnson said during a motions hearing Tuesday that he anticipates testimony from a veterinary pathologist, who will analyse 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 US$2026 ($2942), plus any general damages proven at trial, with interest. He is represented by James Taylor.

He sued under a new South Dakota law that allows certain cases to be handled more quickly, called expedited civil action. Under the 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."