Gabby Petito Update: Joe Petito, Nichole Schmidt Make 6 Changes in Lawsuit vs. Brian Laundrie's Parents
Gabby Petito's parents, Joe Petito and Nichole Schmidt, made some changes to the lawsuit they filed against Brian Laundrie's parents.
Petito's parents originally filed a civil lawsuit against Chris and Roberta Laundrie in March 10. However, WFLA reported that Judge Hunter Carroll noted a "perceived procedural deficiency" in the suit, so the legal team for Petito's parents made some revisions.
The lawsuit still claimed that Laundrie's parents were aware of their son killing Petito and sought to help him flee the country. The amended lawsuit filed in Sarasota County Circuit Court in Florida reportedly contains six notable changes made by attorneys for Schmidt and Petito.
Earlier this year, the judge told Petito's parents that their initial filing against the Laundries had "procedural deficiency" and should be amended to proceed.
Gabby Petito Case: The Amended Lawsuit Against Brian Laundrie Parents
The amended lawsuit now claimed that Brian Laundrie's parents went on a vacation at the Fort DeSoto campground with their son in early September, knowing that Laundrie killed Petito and had knowledge on the location of Petito's body, NBC News reported.
In the updated lawsuit, Petito's parents also said the elder Laundries' claim that they were hopeful the search for Petito would be successful "at a time when they knew she had been murdered by their son was beyond outrageous."
Their legal team also removed "law enforcement" from the mentioned parties that the elder Laundries allegedly refused to communicate with in section 28 of the lawsuit.
The updated lawsuit reads: "Christopher Laundrie and Roberta Laundrie refused to respond to either Joseph Petito or Nichole Schmidt or law enforcement."
They also revised section 31 of the suit to specify claims that the elder Laundries were aware of the pain and suffering that Petito's parents were experiencing through their daughter's disappearance.
"Christopher Laundrie and [Roberta] Laundrie knew of the mental suffering and anguish of Joseph Petito and Nichole Schmidt in not knowing the well-being or location of their daughter, and further knew that such mental suffering and anguish increased each day that Gabrielle Petito was missing," the suit now reads as WFLA reported.
Section 31 also claimed that Petito's parents' "anguish" and "mental suffering" would have been lessened if the elder Laundries disclosed what they knew about the well-being and location of Petito's remains, "yet they repeatedly refused to do so."
Section 32 of the lawsuit was also amended as a summation of the case with five specific allegations that include blocking calls and social media queries of Petito's family.
Lastly, WFLA reported that the lawsuit's most procedural amendment is separating the counts issued by and against all parties.
Gabby Petito Case: Lawyer of Brian Laundrie Parents Reacts on the Amended Lawsuit
Brian Laundrie family attorney Steven Bertolino told NBC News by email on Friday that the allegations in the amended complaint "may now conform to proper pleadings, but they do not give rise to liability under the law."
Thus, Bertolino noted that they were still confident the court "will dismiss the action." If the lawsuit will not be dismissed, a trial in front of a jury has been scheduled for the week of August 14, 2023. Laundrie's parents had already filed a motion to dismiss the lawsuit.
In the motion to dismiss the civil lawsuit filed late last month, the attorneys for the Laundries said they had fundamental constitutional rights to silence.
They added that while Gabby Petito's death is "unfortunate," they had a "general constitutional right" not to speak on any topic and a "more specific constitutional right not to speak" in the face of a criminal investigation.
The lawyers for the Laundries further noted that the arguments cited by the Petitos' camp were "fatally flawed." Thus, they wanted the case thrown out with prejudice to prevent them from re-filing the claim.
Last January, the FBI revealed that Brian Laundrie confessed to killing Gabby Petito in a message left in his notebook.
In its final report on the case, the FBI said a review of the notebook revealed written statements by Laundrie claiming responsibility for Petito's death. The FBI noted that its investigation has concluded that Laundrie was the only person responsible for Petito's "tragic death."
Apart from the notebook, the FBI confirmed that they also found a "backpack" and a "revolver" upon further search of the area where Laundrie's remains were found.
Gabby Petito's body was found at the Spread Creek Dispersed Campground near Grand Teton National Park in Wyoming on September 19. A Teton County, Wyoming coroner said she was strangled to death by a "human being," and the manner of death was homicide.
On the other hand, Brian Laundrie's skeletal remains were discovered at the Myakkahatchee Creek Environmental Park in Florida on October 20. His autopsy report showed that he died of a gunshot wound to the head, and the manner of death was suicide.
READ MORE: Gabby Petito Killing Sparks Move to Change Yellowstone's Zone of Death: Full Details
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Written by: Joshua Summers
WATCH: Gabby Petito's Family Sues Brian Laundrie's Parents, Claim They Knew He Murdered Daughter - From FOX 13 Tampa Bay