266 memoinsupportmotiontoexcludetestimonyjohnkrewson e&a

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Case: 1:11-cv-00103-GHD-DAS Doc #: 266 Filed: 10/08/13 1 of 16 PageID #: 3271

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION KMART CORPORATION,

PLAINTIFF

VS.

CIV. ACT. NO. 1:11CV103-GHD-DAS

THE KROGER CO., et al

DEFENDANTS

DEFENDANT E&A SOUTHEAST LIMITED PARTNERSHIP’S MEMORANDUM IN SUPPORT OF ITS MOTION TO EXCLUDE THE OPINIONS OF JOHN R. KREWSON

COMES NOW, Defendant E&A Southeast Limited Partnership (“E&A”), by and through its attorneys, and respectfully submits its Memorandum of Law in support of its Motion to Exclude the Opinions of Plaintiff’s Expert John Krewson: Factual and Procedural Background As stated previously by this Court, From the evening of May 1, 2010 until the early morning hours of May 2, 2010, heavy rain pelted the Corinth, Mississippi area, causing nearby Elam Creek to flood. Plaintiff Kmart Corporation (“Kmart”) alleges that due to the acts and omissions of several Defendants the flood water rose and flowed forcefully in the back of the Corinth Kmart store, rushing in the rear doors and causing extensive damage to the store. The Corinth Kmart store was closed for repairs from the time of the May 2010 flood until February 2011, when the store reopened for business . . . . Kmart brings this action against Defendants The Kroger Co. (“Kroger”); E&A Southeast Limited Partnership; Fulton Improvements, LLC; Kansas City Southern Railway Company; and the City of Corinth.1 See Memorandum Order Granting Kroger MTD, attached hereto as Exhibit 1, at 1-2.

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Plaintiff initially sought damages arising out of a flooding event on April 27, 2011, but Plaintiff subsequently withdrew its allegations stemming from the 2011 flood.

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