A hearing set Friday in a man's suit against the makers of Mountain Dew over a dead mouse inside the can was canceled.
According to the case's docket sheet, attorneys for defendants PepsiCo Inc. and Pepsi Cola General Bottlers, Inc. informing the court that the parties in the case had agreed the May 20 hearing was moot.
A dismissal move filed by Pepsi in the suit brought by plaintiff Ronald Ball is still pending.
Ball alleges that after buying a can of Mountain Dew and taking a drink from it, he tasted something odd.
He spat out the mouthful to find a dead mouse that he claims he later sent to Pepsi.
At one time, the suit also included the owners of the Shop n'Save grocery chain where the soda was originally purchased but those defendants were dropped from the suit.
Pepsi has argued that the mouse could not have been in the can of soda as claimed by the plaintiff.
The company cited the testimony of a scientist who examined the mouse's remains.
That testimony indicated that the mouse would have dissolved in the soda if it had been in the can as long as the plaintiff claimed.
Thomas Keefe Jr. and Samantha Unsell represent Ball.
Pepsi recently filed for a substitution of attorneys.
Madison County Circuit Judge Dennis Ruth presides.
The case is Madison case number 09-L-440.