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Pa. woman sues Pepsi, Food Lion over Mountain Dew

November 27, 1996

By LAURA ERNDE

Staff Writer

CHAMBERSBURG, Pa. - An Orrstown, Pa., woman is suing after drinking a Mountain Dew she says was contaminated with paint and aluminum.

Brenda Shearer, of 10685 Tim Road, filed the lawsuit this week in Franklin County Court against Pepsi Cola Co. of Somers, N.Y., Pepsi Cola of Newville (Pa.) and Food Lion Inc. in Chambersburg.

She is seeking $20,000 in compensation because she suffered "severe and disabling injuries," the lawsuit says.

Shearer bought a 12-pack of Mountain Dew at Food Lion on Dec. 2, 1994, according to the lawsuit and her lawyer, Shawn Bozarth of Harrisburg, Pa.

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Later that day, Shearer drank one of the cans, which contained "portions of paint and aluminum particles," the suit says.

She accidentally cut her tongue on the can, Bozarth said.

"It was a small cut. Apparently, it was a very upsetting experience to her," he said.

Shearer had injuries to her nerves, bones, muscles and joints, the suit says.

She also experienced emotional distress, Bozarth said.

Shearer, who had no history of mental illness, has spent $1,000 to $2,000 for counseling and doctor's visits, Bozarth said.

Shearer, contacted at her home by phone, declined to comment.

Officials at Food Lion and Pepsi Cola could not be reached for comment Wednesday.

"I think there are a lot of horror stories out there about the things you find. No manufacturing process is perfect," Bozarth said.

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