Senior U.S. District Judge Glen H. Davidson issued an order Wednesday granting Corinth a non-jury trial at the same time a jury trial will begin against the other defendants all in the courthouse in Aberdeen.
Kmart filed suit in May 2011 over flood damages to its Corinth store.
Defendants are the city, the Kroger Co., E&A Southeast Limited Partnership, Fulton Improvements LLC, Kansas City Southern Railway Co. and the U.S. Federal Emergency Management Agency.
Kmart reports its store at 118 Highway 72 West was damaged at least twice in 2010 and 2011 by flooding caused by Kroger’s location in a floodway and the other defendants’ alleged omissions related to the construction or water displacement.
Kmart seeks at least $2.5 million in damages and more in business losses during the floods.