Valorie Niehouse v. Groceries 4 Less, LLC

Case Background

In early October, Valerie Niehouse filed a lawsuit following the fatal shooting of her son by a store clerk. She pursued a wrongful death claim against the store clerk’s employer, Groceries 4 Less LLC, in the Clay County Circuit Court in Missouri. Circuit Judge Timothy Flook presided over the case. [Case Number: 24CY-CV10772].

Cause

On November 28, 2022, Dustin Niehouse, 29, entered Cloud 9 Liquors at 4305 NE Antioch Road in Kansas City. Groceries 4 Less LLC owns this store. Niehouse stopped by shortly after midnight to purchase cigarettes. During his visit, the store clerk on duty, 55-year-old Mark Delano Shelton, shot Niehouse five times. The injuries resulted in Niehouse’s wrongful death. After the shooting, Shelton locked the store and turned out the lights. He called his manager instead of 911. Authorities later charged Shelton with second-degree murder and armed criminal action for his role in the fatal shooting.

Injury

Niehouse suffered gunshot wounds to several of his body parts. He was hit on the left side of his nose, the left side of his neck and upper chest, his left forearm, and twice in his right thigh.

Damages

Valerie Niehouse sought damages from Groceries 4 Less LLC for the wrongful death of her son.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Valorie Niehouse | Estate of Dustin Niehouse
    • Counsel for Plaintiff(s): Nick Hillyard | Sam Wendt
  • Defendant(s): Groceries 4 Less LLC
    • Counsel for Defendant(s): John Franke | Monica Gerbes

Key Legal Arguments and Remarks

Plaintiff’s lead attorney, Nick Hillyard, highlighted the lack of clear evidence due to disabled security cameras at the store. “We’ll never know for sure why Dustin was shot or what occurred in the store because the security cameras were disabled,” Hillyard stated. He added that Dustin wore a long-sleeve shirt under a hooded sweatshirt and sweatpants and carried only a few personal items. “He 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.”

The settlement agreement was reached out of court, with a friendly suit filed to secure court approval, according to Hillyard. Defense attorney John Franke of Franke Schulze Mullin declined to comment, except to emphasize that the settlement did not include any admission of liability.

Settlement

On October 23, 2024, Circuit Judge Timothy Flook approved the $1 million settlement, which included $1,125 in special damages for ambulance costs and $13,146 for funeral and burial expenses.

Court Documents:

Available for purchase upon request