Kmart pursues trial over flooding of Mississippi store

JACKSON, Miss. — Kmart Corporation is asking a federal appeals court to order a trial in its lawsuit against a shopping center owner for flood damage to one of its stores in Corinth, Miss.

In May of 2010, heavy rain pelted the Corinth area. The Kmart store sustained extensive flood damage and was closed for repairs from the time of the flood until February 2011, when the store reopened for business. Kmart argues it incurred further additional costs to prevent subsequent damage from another anticipated flood event.

Kmart sued the Kroger Company, the city of Corinth and property owner Fulton Improvements LLC in May 2011. A federal judge in Mississippi dismissed the lawsuit in 2014.

Kmart is asking the 5th U.S. Circuit Court of Appeals to reinstate its lawsuit against Fulton Improvements.

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