Federal judge sets trial for flooded-Kmart lawsuit

by Associated Press

Published: September 14,2012

Tags: bench, case, court, flood, flooding, judge, judicial, judiciary, lawsuit, rain, retail, trial, water, Weather

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

The Daily Corinthian reports 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.

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.

Kmart is seeking compensation related to the flood damage and to the store’s closure for 10 months.

FEMA argued that the Flood Control Act of 1928 exempts the United States from liability for flood damage and that Kmart’s claims are barred because they concern flood mapping, among other arguments.