Kmart Denied Trial Over Flooding of Mississippi Store

JACKSON, Miss. (AP) — A federal appeals court has upheld the dismissal of Kmart Corporation’s lawsuit against a shopping center owner for flood damage to one of its stores in Corinth, Mississippi.

Kmart contends it has evidence to support its arguments that property owner Fulton Improvements LLC knew a neighboring Kroger was built in a floodway, and caused water to flood the Kmart store in 2010.

The Kmart store sustained extensive flood damage and was closed for repairs from the time of the flood until February 2011. Kmart argues it incurred additional costs to prevent subsequent damage from another anticipated flood event.

The three-judge panel of the 5th U.S. Circuit Court of Appeals this week said Kmart failed to present evidence that Fulton’s failure to install flood protection measures caused the flood.