Petito Lawsuit Going To Trial, Laundrie Motion To Dismiss Case Denied

SARASOTA COUNTY, FL — A Sarasota County decide has denied a movement by Brian Laundrie’s mother and father to dismiss a civil lawsuit filed towards them by Gabby Petito’s household. (Read the decide’s full order denying the Laundries’ movement to dismiss under.)

The Petitos are suing the Laundries for intentional infliction of emotional misery. The case will go earlier than a jury trial subsequent summer time.

Petito was killed by the hands of Brian Laundrie, her fiancé, final August at a Wyoming campsite. He later took his personal life, taking pictures himself within the head in a Sarasota County park in September.

Seeking solutions and justice in her demise, Petito’s mother and father filed the civil lawsuit towards Christopher and Roberta Laundrie in March, amending their grievance on the finish of April.

Her mother and father declare the Laundries knew their son murdered the 22-year-old lady and “knew the whereabouts of her body” once they took a household trip in early September, based on their grievance. They’re searching for “damages that exceed $30,000 exclusive of prejudgment, interest, costs and attorney fees.”

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Attorneys for the households confronted off for the primary time June 22 in a pre-trial listening to at a Venice courtroom. After listening to from either side, Judge Hunter W. Carroll promised a written choice inside two weeks on whether or not the go well with would transfer ahead to a jury trial.

In his denial of the Laundries’ movement to dismiss the lawsuit, which he launched Thursday, Carroll targeted on the Petito household’s grievance that the Laundries didn’t act by not telling them whether or not their daughter was lifeless or the place her physique was. The Laundries even blocked Petito’s mother and father’ telephone numbers and social media accounts.

“The Laundries frame their ‘silence’ in constitutional terms, arguing that their silence was constitutionally permissible under the First, Fifth and Sixth Amendments to the U.S. Constitution and the related Florida Constitution provisions,” the decide wrote. “The court does not believe it is necessary or appropriate in this case to resolve these constitutional claims on a motion to dismiss.”

Carroll mentioned that Petito’s mother and father “appear to conflate morality with legal duty,” including that the Laundries had no authorized responsibility to chorus from their household trip or talk with them.

“If the facts of this case truly were about silence with no affirmative act by the Laundries, the court would have resolved this case in the Laundries’ favor on the concept of legal duty, or more precisely, the lack of any legal duty for the Laundries to act,” he wrote. “Had the Laundries truly stayed silent, the court would have granted the motion to dismiss in the Laundries’ favor. But they did not stay silent.”

During a nationwide seek for Petito, the Laundrie household’s legal professional, Steven Bertolino, launched a public remark Sept. 14 on their behalf: “It is our understanding that a search has been organized for Miss Petito in or near Grand Teton National Park in Wyoming. On behalf of the Laundrie family it is our hope that the search for Miss Petito is successful and that Miss Petito is reunited with her family.”

In his choice, Carroll wrote that it must be assumed “that the Laundries are responsible for authoring” the remark delivered by their legal professional and referred to as the assertion “objectively outrageous.”

If it’s true that the Laundries knew Petito was lifeless and the place her physique was whereas her mother and father have been on the lookout for her, then their “statement was particularly callous and cruel, and it is sufficiently outrageous to state claims for intentional infliction for emotional distress,” based on the decide.

Carroll referred to as the Laundries’ argument to dismiss the case “objectively outrageous” and concluded that the “plaintiffs (Petito’s parents) have stated causes of action for intentional infliction of emotional distress against the Laundries.”

Brian Laundrie and Gabby Petito have been Long Island, New York, natives dwelling along with his mother and father in North Port once they left for a visit to go to state parks within the western United States final summer time. Only Laundrie returned to Florida, on Sept. 1.

Petito, who was final heard from on the finish of August 2021, was discovered strangled to demise on the Spread Creek Dispersed Camping space Sept. 19.

Laundrie was reported lacking Sept. 17 in North Port. His skeletal stays, in addition to a pocket book and different objects belonging to him, have been present in Myakkahatchee Creek Environmental Park after greater than a month of looking for him.

The health worker’s office decided in November that he died from a self-inflicted gunshot wound to the top.

In January, the FBI mentioned the pocket book discovered close to Laundrie’s physique included written statements by him claiming accountability for Gabby Petito’s demise.

On Friday, Bertolino launched pages from the pocket book after meeting with the FBI.

In a written confession from the pocket book, Laundrie mentioned that Petito fell in whereas crossing a stream on the Spread Creek Dispersed Camping space and injured herself. She had issue staying awake, and he mentioned he frightened she may need a concussion.

“I don’t know the extent of Gabby’s injurys (sic),” he wrote in his notebook. “Only that she was in extreme pain. I ended her life, I thought it was merciful, that it is what she wanted, but I see now all the mistakes I made. I panicked; I was in shock.”

Read Judge Carroll’s full order to disclaim the Laundries’ movement to dismiss the civil lawsuit towards them under:

Petito Civil Lawsuit Heading To Jury Trial, Judge Denies Laundries Motion To Dismiss Case by Tiffany Razzano on Scribd

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