Case: 1:11-cv-00103-GHD-DAS Doc #: 356 Filed: 01/21/14 1 of 8 PageID #: 6973
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION KMART CORPORATION PLAINTIFF VS.
CIVIL ACTION NO.: 1:11-CV-103-GHD-JAD
THE KROGER CO., E&A SOUTHEAST LIMITED PARTNERSHIP; FULTON IMPROVEMENTS, LLC; KANSAS CITY SOUTHERN RAILWAY COMPANY; CITY OF CORINTH; THE UNITED STATES OF AMERICA; JOHN DOE; AND ABC CORPORATION
DEFENDANTS
JOINT MOTION IN LIMINE OF E&A SOUTHEAST LIMITED PARTNERSHIP AND THE KROGER CO. COME NOW, Defendants E&A Southeast Limited Partnership (“E&A”) and The Kroger Co. (“Kroger”) (collectively “the Defendants”), and respectfully submit this Joint Motion in Limine and respectfully request this Court in limine to instruct the Plaintiff Kmart Corporation (“Kmart”), Plaintiff’s witnesses, and Plaintiff’s attorneys to refrain from testifying, mentioning or inferring, directly or indirectly, in any manner whatsoever, in the presence of the jury, the following matters: 1.
This case involves a May 2, 2010 flash flood in Corinth, Mississippi. Kmart’s
own engineering expert, John Krewson, admits it exceeded a 100 year flood event. (See Krewson Deposition at p. 86-87, attached as Exhibit “A”). Nevertheless, Plaintiff Kmart has sued the Defendants arguing that the presence of the Kroger store, located in the same building adjacent to the Kmart, caused nearly two feet of water to enter the Kmart building during the flash flood. (See Complaint, Doc. No. 1).