Corinth Kmart's claims against Kroger set for trial - WLOX.com - The News for South Mississippi

Corinth Kmart's claims against Kroger set for trial

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A federal judge has denied a request from Kmart Corporation to file a corrected report on testimony of its engineering expert in a lawsuit over flood damage to one of its stores in Corinth.

U.S. District Judge Glen Davidson ruled in December that changing the testimony would force both sides to incur more expense to try the case on a new theory of liability.

The trial is set for February 24.

Kmart sued the City of Corinth and the Kroger Company in May 2011. The city was dismissed as a defendant last fall.

Kmart's lawsuit alleges a neighboring Kroger Grocery Store was built in a floodway and altered the flow of water from standing water to a rushing, forceful flow at the Kmart store in 2010.

 

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