The plaintiff in a suit over a dead mouse found in a soft drink can has moved to dismiss, but is asking for leave to reinstate the case in the future.

Plaintiff Ronald Ball filed the motion Thursday. Madison County Circuit Judge Dennis Ruth had been slated to hear a motion by the defendants to dismiss the case last Friday.

Ball has been seeking damages of at least $50,000 and costs.

Ball sued PepsiCo Inc. and Pepsi Cola General Bottlers along with the owner of the Shop n'Save chain of grocery stores and the manager of the store where the can of Mountain Dew was originally purchased.

The can was then stocked in a vending machine at Ball's work, according to his complaint.

The suit included seven counts of spoliation of evidence, breach of warranty and other charges.

The case is also scheduled for a case management conference later this month.

Ball is represented by Edward Unsell.

The Pepsi defendants are represented by Steven Danekas.

Supervalu Holdings Inc., the owner of defendant Shop n'Save
Warehouse Foods Inc., is represented by Beth Boggs. She also represents defendant Paul Pohlman.

The case is Madison case number 09-L-440.

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