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Oklahoma man ordered to pay $9.6M in wrongful death suit

It is “doubtful” Gene Kirkpatrick, the man convicted in North Dakota for the murder of his son-in-law, will be able to pay the damages.
BY THE ASSOCIATED PRESS Modified: July 10, 2013 at 9:59 pm •  Published: July 11, 2013

A North Dakota judge has awarded $9.6 million to the family of a Fargo dentist killed in a murder-for-hire scheme orchestrated by the victim's Oklahoma father-in-law in an attempt to gain custody of his granddaughter.

Gene Kirkpatrick, who lived near Jones, OK, paid $3,000 for the hit on Philip Gattuso because he was unhappy with the way his son-in-law was raising his granddaughter, according to testimony in his criminal trial. Valerie Gattuso, who was Philip Gattuso's wife and Kirkpatrick's daughter, died in March 2009 after an extended illness.

“This was a strange and unique and tragic case,” said Minneapolis attorney Kathleen Flynn Peterson, who represented the Gattuso family in the wrongful death lawsuit against Kirkpatrick.

The Associated Press was unable to contact Kirkpatrick, who is serving his sentence in the South Dakota state penitentiary.

A jury in July 2011 found Kirkpatrick guilty of hiring his former handyman, Michael Nakvinda, to kill Philip Gattuso, who was beaten to death with a hammer in his south Fargo condominium. Nakvinda was convicted seven months before Kirkpatrick's trial and sentenced to life in prison.

Gattuso's brother, Roy, and his brother's orphaned daughter are plaintiffs in the lawsuit. Judge Lisa Fair McEvers issued a ruling this week that calls for Kirkpatrick to pay more than $4.4 million for economic damages, $5 million for noneconomic damages, and $250,000 for punitive damages.

“No amount of money can replace their loss and make them whole,” Fair McEvers said in her ruling. “This court is well aware of the continuing loss of not having a parent to care for, provide guidance, and be present at milestones of a child's life.”

Settlement unlikely

Flynn Peterson acknowledged the Gattuso family is unlikely to receive a settlement from Kirkpatrick, who said he spent most of his money on defending his criminal case and represented himself in the civil case.

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