The lawsuit says the man didn't notice the mouse until he arrived home.

AKRON, Ohio — A Tallmadge man is suing an Akron area McDonald's and its operating company on claims he found a mouse in his milkshake.

The claim, filed against McDonald's and Rubber City Arches, LLC. in Summit County Common Pleas Court on Feb. 3, alleges that Kenneth Moyer, Jr., of Tallmadge, found a live mouse in a milkshake he ordered from the McDonald's at 2021 E. Market St. on Dec. 15, 2018.

Moyer is seeking $100,000 in damages on claims he continues to suffer physical and mental distress following the incident, which Rubber City Arches denies.

Moyer's complaint says he and a friend ordered two chocolate milkshakes from the drive-thru sometime between 1-1:15 p.m. Moyer said he noticed the straw in his milkshake became clogged several times, but he continued home, where he left the remainder of his milkshake in the car.

The complaint says Moyer returned to the car a few minutes later and thought he saw the straw inside the cup move. When he opened the cup, he claims he found a live mouse inside it.

Moyer said he returned to the McDonald's location later that night to ask about the milkshake machine, but the complaint does not detail any response from McDonald's employees.

Rubber City Arches, which operates 24 area McDonald's locations, denied the claim in a statement issued to WKYC Wednesday morning.