rodent in can

By The SE Texas Record | Aug 6, 2011

GALVESTON - A lawsuit alleging a Tarrant County man fell ill after drinking from a tainted beer can recently came to a close.

Colleyville residents Everett and Vicki Johnston settled with Gulf Coast Market in Crystal Beach, Heineken Brouwerijen B.V., Formento Econ-mico Mexicano S.A.B. and other businesses last month.

The couple sued the defendants in March 2010 in Galveston County District Court after the Everett Johnston consumed a Tecate Light which had an unknown creature inside.

According to the original petition, 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."

Vicki Johnston rushed to his aid, examined the can and found what appeared to be the head of a rodent or some amphibious creature, the complaint says.

The plaintiffs then drove to a hospital in Anahuac.

Everett Johnston insists the alleged incident inflicted severe psychological damage upon him.

Galveston County 122nd District Court Judge John Ellisor approved the removal of the suit to the Galveston Division of the Southern District of Texas in April 2010.

Heineken provided an original answer, asserting its only role was that of distributor and those who do not manufacture products are not liable for any injuries arising from their usage.

U.S. District Judge Kenneth M. Hoyt ordered a stay in the case in August 2010 after the complainants' attempts to serve one of the Mexico-based companies were unsuccessful.

He signed the dismissal order on June 7.

State Case No. 10-cv-788
Federal Case No. 3:10-cv-131

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