Defendants Seek Dismissal in Kmart Flooding Case Set for Trial

The city of Corinth, Miss., and the Kroger Company have asked a federal judge to dismiss them as defendants in a lawsuit over 2010 flooding at the Kmart in Corinth.

Kmart Corporation 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 has not yet ruled on the motions.

The Federal Emergency Management Agency was dismissed as a defendant in June.

As a result of damages incurred in the 2010 flood, the Kmart sued the city of Corinth; FEMA; 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.

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.

In its motion, the city of Corinth said it can’t be sued for a number reasons, included that it has immunity from such lawsuits.

Kroger contends it is a tenant in a building that it did not construct and was first occupied by Bruno’s/Foodworld.

Kmart has until Nov. 26 to file a response to the motions to dismiss.

A trial on the lawsuit has been scheduled for Feb. 24, 2014.