Judge Dismisses Kmart Flood Damage Claim Against Mississippi City

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A federal judge Friday dismissed Kmart’s claims against the city of Corinth over flood damage to one of the chain’s stores in 2010.

U.S. District Judge Glen H. Davidson ruled that the city is entitled to immunity from Kmart’s lawsuit under the Mississippi Tort Claims Act, according to WTVA-TV .

Kmart’s lawsuit alleges that a neighboring Kroger grocery store was built in a floodway and altered the flow of water from standing water to a rushing, forceful flow of water at the Kmart store. The grocery store should have been torn down but in 2005 was allowed to remain in the floodway after a letter of map revision was issued by the Federal Emergency Management Agency, Kmart argues.

Kmart 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.

Kroger remains a defendant in the suit.