Case: 1:11-cv-00103-GHD-DAS Doc #: 292 Filed: 10/30/13 1 of 2 PageID #: 4323
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF MISSISSIPPI ABERDEEN DIVISION KMART CORPORATION, Plaintiff CIV. ACT. NO. 1:11-CV-103-GHD-DAS versus THE KROGER CO., et al. Defendants KMART’S RESPONSE TO KANSAS CITY SOUTHERN RAILWAY COMPANY’S MOTION FOR SUMMARY JUDGMENT Plaintiff, Kmart Corporation, submits this Response to Kansas City Southern Railway Company’s Motion for Summary Judgment. KCSR’s Motion should be denied because material issues of fact exist regarding whether KCSR breached a duty owed to Kmart when it failed to maintain its railroad underpass at Elam Creek in Corinth, Mississippi and whether that breach contributed to the damages incurred by Kmart during a May 2, 2010 flood event. In support of its Motion, Kmart submits the following: •
Exhibit “A” - Initial Flooding Evaluation of John R. Krewson, dated September 20, 2012;
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Exhibit “B” - Photograph, Bates labeled Corinth00106;
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Exhibit “C” - First Amended Flooding Evaluation of John R. Krewson, dated July 23, 2013;
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Exhibit “D” - Report of Mendrop Engineering Resources;
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Exhibit “E” - Excerpts to Deposition of Kelly Blake Mendrop;
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Exhibit “F” - Excerpts to Deposition of John R. Krewson;