CORINTH, Miss. (WTVA) -- A federal court judge has set a 2014 trial date in a lawsuit filed over damages to an Alcorn County store because of flooding.
Kmart filed the lawsuit against Kroger, Fulton Improvements, LLC, Kansas City Southern Railway, E & A Southeast Limited Partnership, and the city of Corinth over damages to the Corinth store in 2010 and 2011.
Kmart is seeking millions in damages for flooding at the store on Highway 72 in May of 2010 and April of 2011.
The lawsuit claims the Kroger store is built in the floodway of Elam Creek, and should have been torn down.
In 2005, FEMA issued a Letter of Map Revision saying Kroger was not in the floodway.
Kmart claims Kroger's location, a city dirt landfill, and the railroad's failure to keep a nearby underpass clear lead to flooding that kept its Corinth location closed for 10 months after floods in May of 2010.
The company also sites the same problems in flooding in April of 2011.
Kmart claims Fulton Improvements, LLC should have done more to protect the store from flooding as the landlord of the property.
The Federal Emergency Management Agency was also listed as a defendent in the original lawsuit, but a federal judge removed them in June.
The trial is set to get underway February 24, 2014 in Aberdeen.
