BRIAN Laundrie’s parents have asked a judge to dismiss a lawsuit from Gabby Petito’s family after being accused of” helping their son flee.”
The Laundrie family attorney Steve Bertolino filed the motion in a Florida courtroom on Wednesday, arguing that there are no facts to support Gabby‘s parents claims.
Brian Laundrie’s parents asked a judge to dismiss a lawsuit from Gabby Petito’s familyInstagram / Gabby PetitoDiggzy/Jesal/ShutterstockGabby Petito’s family have accused Chris and Robert Laundrie of ‘helping their son flee’[/caption]
InstagramBrian Laundrie’s skeletal remains were found on October 20, 2021[/caption]
Chris and Roberta Laundrie further asked a judge to prevent the Petito-Schmidt families from filing an amended lawsuit should their dismissal request be granted.
In a statement to The US Sun, Bertolino called the Petito suit “baseless and frivolous.”
“A motion to dismiss the baseless and frivolous lawsuit commenced by Gabby Petito‘s parents was filed in court.
“The Laundries have exercised their constitutional right to refrain from speaking and have relied on counsel to speak for them. This is not only common practice in our civilized society but it embodies the exercise of fundamental rights under the United States and Florida Constitutions.”
He continued: “The Laundries’ rights are inalienable and the Laundries can never be liable for exercising their legal rights in a permissible way.
“Myself and my colleagues at Trombley & Hanes, who are representing Chris and Roberta Laundrie in this matter, are confident that the constitutional rights of all citizens of this country will be protected by the dismissal of this lawsuit.”
Gabby’s dad, Joseph, and mom, Nichole Schmidt, filed a civil lawsuit against Chris and Roberta on March 10, alleging that Laundrie, 23, told his parents what happened “on or about” August 28 – one day after the young vlogger’s death.
“It is believed, and therefore averred that… Brian Laundrie advised his parents, Christopher Laundrie and Roberta Laundrie, that he had murdered Gabrielle Petito,” the lawsuit states.
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“On that same date, Christopher Laundrie and Roberta Laundrie spoke with Attorney Steve Bertolino, and sent him a retainer on Sept. 2, 2021.”
The document alleged that Laundrie sent text messages back and forth between his phone and Gabby’s after she died “in an effort to hide the fact she was deceased.”
When asked if they have evidence to back up their allegations, Petito and Schmidt’s attorney Pat Reilly told WFLA, “they’ll have to wait and see.”
“If we didn’t believe it was true, we wouldn’t have put them in the complaint,” Reilly said.
It even goes on to claim that Laundrie sent an additional text from Gabby’s phone on August 30 to Nicole saying there was no service in Yosemite Park “in an effort to deceive” her.
The lawsuit then details what happened in the days following before the official missing person alert for Gabby went out.
Gabby’s family says that there was no contact between the Petito’s or the Laundrie’s after Brian returned home on September 1.
But then, when an official search for Gabby’s remains was underway, the lawsuit said that the Laundrie family refused to respond to questions both from law enforcement and the Petito family.
Nichole also alleges that Laundrie’s mom, Roberta, blocked her phone number and also her Facebook profile around September 10, a WFLA reporter claims.
The Petito family also believe that Laundrie’s parents were planning to help Brian flee the country, the suit added.
“While Joseph Petito and Nichole Schmidt were desperately searching for information concerning their daughter, Christopher Laundrie and Roberta Laundrie were keeping the whereabouts of Brian Laundrie secret, and it is believed were making arrangements for him to leave the country,” it read.
In more damning claims against the Laundrie family, the suit reads: “Christopher and Roberta Laundrie exhibited extreme and outrageous conduct which constitutes behavior, under the circumstances, which goes beyond all possible bounds of decency and is regarded as shocking, atrocious, and utterly intolerable in a civilized community.”
Gabby’s family are now seeking damages of at least $100,000, stating that they suffered pain and mental anguish.
Gabby Petito timeline
Gabby Petito, 22, was last seen on August 24, leaving a hotel in Utah. Here is a timeline of Gabby Petito's disappearance:
July 4 – Gabby posts photos of herself barefoot in Gove County, Kansas.
July 8 – Gabby posts photos of herself at the Great Sand Dunes National Park in Colorado.
July 18 – Gabby and Brian post photos of themselves at Utah’s Zion National Park.
August 12 – Body camera footage was released in September showing an encounter Brian and Gabby had with police in Utah. Police confirmed that no significant injuries were reported.
August 24 – Gabby is spotted leaving a hotel in Salt Lake City, Utah.
August 25 – Gabby Facetimes her mom, Nichole Schmidt, for the final time. In a later police report, Schmidt said her conversations with her daughter revealed “more and more tension” between her and Brian.
August 25 – Gabby also posts her last Instagram. No location is given.
August 27 – Gabby is seen for what’s believed to be the final time. Witnesses claim they saw Brian in an explosive argument with staff at a restaurant in Jackson Hole, leaving Gabby in tears.
August 27 – Four hours later, travel bloggers driving through Grand Teton National Park drive past the couple’s van “abandoned” on a dirt road.
September 1 – Brian returns home to Florida without Gabby.
September 11 – Gabby’s parents report her missing to Suffolk County police.
September 14 – Brian’s family issues a statement saying he has retained an attorney and will not be cooperating with investigators.
September 14 – Brian is allegedly last seen by his family. He reportedly told them he was going hiking in Cartlon Reserve but failed to return.
September 15 – Florida’s North Port police announce Brian is a person of interest in the case. He is not charged with any crime.
September 16 – Utah police release body camera footage of the police encounter with Brian and Gabby.
September 17 – Brian’s parents say they have not seen their son in a couple of days and report him missing.
September 19 – Authorities in Wyoming say they found a body in Grand Teton National Park. The FBI announces the body was believed to be Gabby’s but a full forensic identification needs to be completed first to confirm.
September 20 – Police execute a search warrant on Laundrie’s home, seizing his silver Mustang and a hard drive that may contain “evidence relevant to proving that a felony has been committed.”
September 21 – Officials announce they will be conducting an autopsy on the remains found in Wyoming to confirm whether or not they belong to Gabby. Police also resumed their search for Laundrie, this time on the Venice side of Carlton Reserve.
September 21 – The FBI announced the body found in Wyoming was identified as Gabby’s. The cause of death was not yet revealed.
September 21 – The Teton County Coroner’s office said Gabby’s official cause of death was still pending but the initial manner of death is homicide.
September 22 – Police continue to scour Carlton Reserve for a trace of Laundrie but yield no leads. A specialist dive team is called in to assist with the hunt.
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