Diner who found live mouse in milkshake wants $140k compensation

Diner who found live mouse in milkshake wants $140k compensation

A man from Ohio is suing McDonald’s after he claims he found a live mouse in his chocolate milkshake.

Kenneth Moyer Jr, 43, is looking for $US100,000 ($AU141,000) or more in damages from the popular fast food chain.

He says he drank most of the shake before realised the rodent was inside his cup.

The construction worker bought the drink when he went through the McDonald’s drive-through in Akron at around 1.15pm on December 15 and bought another chocolate milkshake for his friend.

He started sipping his shake as he drove his friend home and said he noticed the straw kept getting clogged up.

Mr Moyer told the Akron Beacon Journal: “I got irritated with the straw. I really wasn’t thinking about it.”

He says he drove home after dropping off his friend and left his milkshake in his truck and came back a few minutes later to get his cigarettes and he then saw the straw start to move.

When Mr Moyer lifted the lid, which had only about a quarter of the drink left, he saw the live mouse.

He then called his girlfriend to come and have a look.

Mr Moyer claims he fell ill later that day and was vomiting.

The man returned to the same branch of McDonald’s at around 11.30pm the same day and explained to the manager what had happened.

Reports say the manager accused him of putting the mouse in the cup himself.

He phoned the company’s headquarters the next day and was offered gift cards or the opportunity to make an insurance claim.

Mr Moyer chose to make a claim.

He told the paper: “The bottom line is it’s nasty and it’s wrong.

“However it got in there, it was wrong.”

Mr Moyer later froze the cup and the mouse and his lawyer then sent them off to be tested.

The franchise co-owner is contesting the claims, saying they are “wildly fabricated and false”.

Christina Joliat, Mr Moyer’s current lawyer, says McDonald’s have been able to contest the claims because Mr Moyer at first “mistakenly” said that he had left the cup unattended for an hour.

She says he later realised the cup had only been out of sight for about “ten minutes at most”.

Now Mr Moyer is taking legal action with Ms Joliat wanting the test results from the cup and mouse as well as seeing surveillance footage from McDonald’s.

“We want the video. We want to see what happened,” she said.

“That will clear everything up.”

Carl Blickle, co-owner of Rubber City Arches, said: “Although we do not typically comment about pending litigation, we can confidently and adamantly state that the implications made in the complaint are wildly fabricated and false.

“We have served the Akron area for over 55 years, have made safety and cleanliness top priorities and remain proud of our track record. We eagerly await our opportunity to share the facts in court.”

McDonald’s has been contacted for comment.

This article originally appeared on The Sun and was reproduced with permission

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