Kmart Flooding Case Set for Trial

September 17, 2012

A federal judge has set a trial date in a lawsuit over 2010 flooding at the Kmart in Corinth, Miss.

The Daily Corinthian reports that the trial is scheduled for Feb. 24 in Aberdeen before U.S. District Glen H. Davidson.

In June, Davidson released the Federal Emergency Management Agency from the case, agreeing with FEMA’s argument that it has sovereign immunity in the matter.

As a result of damages incurred in the 2010 flood, the Kmart Corporation sued the city of Corinth; The Kroger Co.; E&A Southeast Limited Partnership; Fulton Improvements, LLC; and Kansas City Southern Railway Company.

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.

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