Kmart vs. Kroger Flooding Case Set for Trial in Mississippi

January 4, 2013

A federal judge has denied requests from the city of Corinth and the Kroger Co. to be dismissed as defendants in a lawsuit over 2010 flooding at the Kmart in Corinth.

Kmart Corp. is seeking compensation for flood damage at the Fulton Crossing location, the store’s closure for about 10 months, and flood prevention efforts in April 2011, when the store was also threatened by flood waters.

The Daily Corinthian reported that U.S. District Judge Glen H. Davidson agreed to a non-jury trial for the city of Corinth separate from the jury trial for Kroger and other defendants. Both trials will begin Feb. 24, 2014 in federal court in Aberdeen.

Kmart sued Corinth, the Federal Emergency Management Agency, The Kroger Co., E&A Southeast Limited Partnership, Fulton Improvements, LLC; and Kansas City Southern Railway Co. FEMA was dismissed as a defendant in June.

The suit alleges that Kroger, Kmart’s neighbor, sits in a floodway and, on May 2, 2010, altered the flow of water from standing water to a rushing, forceful flow of water at the Kmart store.

Kmart argues that the grocery store should have been leveled but in 2005 was allowed to remain in the floodway after a letter of map revision was issued by FEMA. The suit states the city, Kroger and the landlord at the time, E&A, were involved in securing the revision.

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