Crystal Beach store, others sued over animal head allegedly found inside beer can

John Suayan, Galveston Bureau Mar. 24, 2010, 5:34am

Gulf Coast Market

GALVESTON - A Tarrant County couple is suing a number of international brewing companies and a Crystal Beach convenience store in Galveston County District Court after the man reportedly fell ill after consuming an alcoholic beverage.

In a lawsuit filed March 19 against Gulf Coast Market, Heineken Brouwerijen B.V., Fomento Económico Mexicano S.A.B. de C.V. and other businesses, Everett and Vicki Johnston of Colleyville claim that Everett Johnston drank a can of Tecate Light which had an unknown creature inside.

The plaintiffs say on March 21, 2008, Everett Johnston began to consume the drink in question and "noticed something was not right."

"He felt a weight shift as he tilted the can, and he felt something prickly on his tongue," the suit says.

"His gag reflexes then induced vomiting."

According to the complaint, Vicki Johnston rushed to his aid, inspected the can, and discovered what appeared to be the head of a rodent or some amphibious creature.

"Thinking the beverage could be toxic, she suggested they go to the hospital for tests," the suit says.

The plaintiffs then drove to Anahuac, which had the nearest hospital.

"Everett Johnston has suffered severe psychological damage from this incident and has sought treatment for these injuries," the suit says.

The defendants are ultimately faulted for failing to follow proper safety regulations, including those of the U.S. Food and Drug Administration.

Consequently, the plaintiffs seek unspecified monetary damages and a jury trial.

Houston attorney Roy J. Elizondo III is representing the plaintiffs and Galveston County 122nd District Court Judge John Ellisor is presiding over the case.

Case No. 10cv0788

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