ABERDEEN – A federal judge earlier this week dismissed a lawsuit Kmart Corp. filed against the Kroger Co., saying Kmart has insufficient evidence to support its claims that the Kroger store in Corinth caused the neighboring Kmart to flood.
The lawsuit, filed against the city of Corinth and Kroger in 2011, claims the grocery store was built partially in a floodway and was the cause of a 2010 flood of the Kmart store.
The two stores anchor both end of the Fulton Crossing Shopping Center in Corinth.
U.S. District Judge Glen Davidson dismissed Kroger as a defendant and closed the case Tuesday.
Corinth was previously dismissed as a defendant.
Kmart claimed Kroger’s position in a floodway caused a rise in floodwaters during a May 2010 heavy rain. The water flooded the Kmart store and caused it to close for 10 months for repairs.
The storm caused several other stores in Corinth to close, and most reopened after a few months.
Kmart was seeking compensation for the damages to the store.