First lawsuit hearing for families of Brian Laundrie, Gabby Petito for damages related to death

The family of Brian Laundrie will have their first court hearing Wednesday afternoon for a lawsuit against them by the parents of Gabby Petito for damages related to her death. Brian Laundrie’s parents filed a motion to dismiss the lawsuit.Gabby Petito’s body was found in a Wyoming national park and Brian Laundrie was later found in a Florida preserve with a notebook claiming he killed her. He died by suicide.Joseph Petito and Nichole Schmidt sued Christopher and Roberta Laundrie for action damages exceeding $30,000 and attorney fees, the document shows. The plaintiffs claim that the Laundries knew the location of the remains of Gabby Petito, and in not saying what happened, they “acted with malice or great indifference” to their rights. Their behavior “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,” according to the lawsuit.The plaintiffs said they suffered as a direct result of these actions.The Laundrie family attorney, Steve Bertolino, responded to sister station WPBF’s request for comment.”As I have maintained over the last several months, the Laundries have not publicly commented at my direction which is their right under the law,” Bertolino said in a statement. “Assuming everything the Petitos allege in their lawsuit is true, which we deny, this lawsuit does not change the fact that the Laundries had no obligation to speak to Law Enforcement or any third party including the Petito family. This fundamental legal principle renders the Petitos’ claims to be baseless under the law.”Video below: Officers in Petito, Laundrie traffic stop made ‘several unintentional mistakes,’ investigators say The Laundrie family filed a motion to dismiss the lawsuit, claiming several reasons.According to the complaint, there was too much media attention that would cause prejudice in a court of law.The Laundries’ attorney also states that the Laundries’ “fundamental constitutional rights to silence, privacy and representation of counsel,” which are also the first, fifth and sixth amendments, are the reasons the Petitos are claiming emotional distress. In determining a legal ground for emotional distress, the complaint concludes that because of the Constitutional right to remain silent, the inaction of the Laundries cannot be qualified as “outrageous” and determined so by a judge.The Laundries also claimed that the issue happened several months ago and the Petitos claim of wanting to find the body of their daughter was resolved.Bertolino released the following statement:”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. 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.”

The family of Brian Laundrie will have their first court hearing Wednesday afternoon for a lawsuit against them by the parents of Gabby Petito for damages related to her death.

Brian Laundrie’s parents filed a motion to dismiss the lawsuit.

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Gabby Petito’s body was found in a Wyoming national park and Brian Laundrie was later found in a Florida preserve with a notebook claiming he killed her. He died by suicide.

Joseph Petito and Nichole Schmidt sued Christopher and Roberta Laundrie for action damages exceeding $30,000 and attorney fees, the document shows.

The plaintiffs claim that the Laundries knew the location of the remains of Gabby Petito, and in not saying what happened, they “acted with malice or great indifference” to their rights. Their behavior “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,” according to the lawsuit.

The plaintiffs said they suffered as a direct result of these actions.

The Laundrie family attorney, Steve Bertolino, responded to sister station WPBF’s request for comment.

“As I have maintained over the last several months, the Laundries have not publicly commented at my direction which is their right under the law,” Bertolino said in a statement. “Assuming everything the Petitos allege in their lawsuit is true, which we deny, this lawsuit does not change the fact that the Laundries had no obligation to speak to Law Enforcement or any third party including the Petito family. This fundamental legal principle renders the Petitos’ claims to be baseless under the law.”

Video below: Officers in Petito, Laundrie traffic stop made ‘several unintentional mistakes,’ investigators say

The Laundrie family filed a motion to dismiss the lawsuit, claiming several reasons.

According to the complaint, there was too much media attention that would cause prejudice in a court of law.

The Laundries’ attorney also states that the Laundries’ “fundamental constitutional rights to silence, privacy and representation of counsel,” which are also the first, fifth and sixth amendments, are the reasons the Petitos are claiming emotional distress.

In determining a legal ground for emotional distress, the complaint concludes that because of the Constitutional right to remain silent, the inaction of the Laundries cannot be qualified as “outrageous” and determined so by a judge.

The Laundries also claimed that the issue happened several months ago and the Petitos claim of wanting to find the body of their daughter was resolved.

Bertolino released the following statement:

“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. 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.”

Contributed by local news sources

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