Alan Scher Zagier//December 23, 2024//
The mother of a 29-year-old man shot to death in November 2022 by a Kansas City convenience store clerk has settled a wrongful death lawsuit against the clerk’s employer for $1 million.
Dustin Niehouse died on Nov. 28, 2022, after he was shot five times at the Cloud 9 Liquors at 4305 NE Antioch Road in Kansas City, said lead plaintiff’s attorney Nick Hillyard. Mark Delano Shelton, 55, has been charged with second-degree murder and armed criminal action in the shooting death.
Valorie Niehouse sued the store’s owner, Groceries 4 Less LLC, in Clay County Circuit Court in early October of this year. On Oct. 23, Circuit Judge Timothy Flook approved the seven-figure settlement, which included $1,125 in special damages for ambulance costs and $13,146 for funeral and burial expenses.
Defense attorney John Franke of Franke Schulze Mullin declined comment, other than to note the settlement did not include admission of liability. The settlement agreement was reached out of court, Hillyard said, with a friendly suit filed to obtain court approval.
Hillyard said that Niehouse was shot on the left side of his nose, the left side of his neck/upper chest, his left forearm and twice in his right thigh after telling a neighbor he was going to the convenience store to buy cigarettes, leaving in his car with his dog shortly before midnight.
“We’ll never know for sure why Dustin was shot or what occurred in the store because the security cameras were disabled,” Hillyard said. “He was dressed in a long-sleeve shirt under a hooded sweatshirt and sweatpants and only had two packs of cigarettes, which he had presumably just purchased at the store, a small bottle of liquor, a lighter, a set of keys with a key fob and a debit card on him — nothing that could be used as a weapon.”
After shooting Niehouse, Shelton locked the store and turned out the lights, witnesses said. The clerk then called his manager, not 911, Hillyard said, to report the shooting.
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- $1 million settlement
- Wrongful death
- Venue: Clay County Circuit Court
- Case Number/Date: 24CY-CV10772/Oct. 23, 2024
- Judge: Circuit Judge Timothy Flook
- Caption: Valorie Niehouse v. Groceries 4 Less, LLC
- Plaintiff’s attorneys: Nick Hillyard (lead) and Sam Wendt; Wendt Law Firm, Kansas City
- Defendant’s attorneys: John Franke (lead) and Monica Gerbes, Franke Schultz & Mullen, Kansas City
This article credit to MOLawyersMedia