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View Full Version : Woman finds mouse head in Sams Choice cola: sues Wal-Mart...



billygtexas
07-01-2005, 02:44 AM
A local story for now, could grow nationwide...
http://www.news-journal.com/news/content/news/stories/2005/06/30/20050630LNJWalmartSuit.html

[ 07-01-2005, 02:52 AM: Message edited by: billygtexas ]

billygtexas
07-01-2005, 02:46 AM
Former Kilgore resident suing Wal-Mart, claims rodent remains in can

By JIMMY ISAAC

Thursday, June 30, 2005

A former Kilgore resident claims that she found a rodent's remains in a soft drink can nearly two years ago and has filed a lawsuit against Wal-Mart Stores and two other companies.

The suit, filed last month in the the 188th District Court, claims that Cathy Willoughby bought a 12-pack of Sam's Choice Cola from the Wal-Mart Supercenter in Kilgore on Aug. 23, 2003. She claims that, two days later, she found a mouse head inside the can, became ill and was treated at a local hospital.

"She started drinking (out of the can) and then she poured it in a glass," said her attorney Kyle Kutch, "and I think that's when the mouse head was discovered."

Attorneys for Wal-Mart, Cott Corporation and Inter-American Foods have filed a motion denying Willoughby's allegations, demanding "strict proof thereof by preponderance of the evidence," court records state.

Kutch said that when he contacted Wal-Mart, he was told that it wasn't the company's fault and to contact the canning company, which requested an analysis of the can's contents.

"They made me send it to a place in Pennsylvania and have it tested," said the Longview attorney. "The lab said it was a mouse's head and that it had some acid on it from the cola."

Kutch was then asked to contact a bottling company in Canada that also denied involvement.

"Nobody was going to do anything," said Kutch.

The lawsuit also cited Wal-Mart founder Sam Walton's guarantee printed on the can, adding "Plaintiff (Willoughby) would show that she believed that the statement 'the finest ingredients from around the world,' would not include a mouse head."

BottleBoss
07-01-2005, 10:13 AM
The lady is dishonest. (to put it nicely)

ramonazo
07-01-2005, 10:16 AM
DRINK SAM'S COLA.. Now with a mouse head inside!!! Buy one today!!!

We'll, That's the same that happened with Diet Pepsi, remember?, in the beginnings of the 90's when a person found an used syringe in their Diet Pepsi Can. All the people stopped buying Diet Pepsi and began starting to drink another options like the new (in that time) Pepsi Crystal. But in the end the security cameras found that a lady opened the can and placed the used syringe into it.

[ 07-01-2005, 10:26 AM: Message edited by: ramonazo ]

Mr Zabe
07-01-2005, 11:49 AM
Did you know that finding a mouse head in a can of
Sam's Cola is considered a delicacy. LOL

[ 07-01-2005, 11:50 AM: Message edited by: Mr Zabe ]

SpaceGuy
07-01-2005, 12:13 PM
I feel sorry for the poor mouse.... Sam's cola: blech!

gecko
07-01-2005, 05:32 PM
if youre gonna lie in the hopes to squeeze an out of court settlement from a huge company, at least make it believable. the whole wendys chili thing. now this. theres no way that this is possible at a bottling plant. they could at least like, change the acidity of the soda and say that caused harm, not just put disgusting things in it hoping to scare the company into bribing them. the fact that this person sued wall-mart before thinking about where its actually made proves they are gold-diggers in the first place.

Mr Zabe
07-01-2005, 06:21 PM
Well said.

I recall seeing a TV show on either Discovery or the Food Channel that stated all the FDA and safety procedures that food/soda pop companies must be in compliance with. Basically there is statistically zero chance other than employee sabotage that products in the manufacturing process could get contaminated with anything.

jmyjunk
07-01-2005, 06:52 PM
Smells of BS to me. Why wait so long to sue?

riot
07-02-2005, 02:09 AM
i think they're taking "flavored colas" a bit too far now... :eek: LOL!

SamC
07-02-2005, 07:00 AM
As with the Wendy's deal, it seems obvious that this lady is lying. Anybody who knows anything about the soda industry knows that are claims are not logically possible.

And say this wasn't true? So what? Obviously it was an accident. Wal-Mart (which is to say, you and me, the customers, who pay the cost of lawsuits) should make this woman a millionaire because a small mistake which caused her no permanent harm.

BTW, Inter-American Foods, named in the complaint, is a dummy company of Kroger. So Kroger cans generic soda for Wal-Mart? Interesting.

MISTICman
07-04-2005, 12:01 AM
The mouse remains would be a definite improvement to ANY of their sodas! yuck Only Kroger makes good sodas...but don't tell my boss!

Fry
07-04-2005, 05:49 AM
I think someone should really look at your whole legal system, sure... if a company sells something that has gone bad they need to be punished and the consumer needs to be compensated. But why does it need to be with millions?

At the moment the consumer is actually happy to find something wrong with a product so they can sue a company, there is something wrong with the way the system works.

Finding a finger or a mouse is almost the same as finding a winning lottery ticket providing you have the real deal.

Think about Wendy's, they have taken a lot of damage both in reputation as in sales... and it turned out to be a scam! Now who is going to compensate them and their employees who lost their job?

boodoo
07-04-2005, 10:45 AM
"Loser pays legal costs" would reign in junk lawsuits.