SAN JOSE, Calif. (Legal Newsline) - A trial date has still not been scheduled in the California lawsuit of a woman who says she found a baby rat in a bottle of water made by Keurig Dr Pepper.
The case, filed Dec. 21, 2021, in Santa Clara Superior Court, says plaintiff Linda Huntimer was surprised to find the contamination when she went for a drink on Christmas Eve 2019. The parties will meet Aug. 8 to figure out a trial date within 120 days of that date.
The docket shows little movement on the case. Keurig Dr Pepper retained Clay Coelho of Wilson, Elser, Moskowitz, Edelman & Dicker, and the firm filed a six-page answer to the complaint a year ago.
The answer denies liability and says the plaintiff failed to state a claim for relief or mitigate her damages before filing suit.
"Defendants manufactured, designed and sold to the general public a defective water bottle which contained a baby rat in the bottle, causing the water bottle to be contaminated with dangerous deceases (sic)," the suit says.
"Plaintiff purchase[d] and drank from said bottle unknowing it was contaminated with a dead baby rat."
The suit says Huntimer suffered personal injuries and extreme emotional distress. The complaint does not specify an amount of damages being sought.
Huntimer's lawyer is Ismael Perez of San Jose. The lawsuit doesn't specify the brand of water at issue, and Keurig Dr Pepper sells multiple lines, including Evian.