Brian Laundrie's Parents Move to Dismiss Lawsuit Filed by Gabby Petito's Parents | Here's the Details

Brian Laundrie's parents on Wednesday filed a motion to dismiss the civil lawsuit brought by Gabby Petito's parents earlier this month.

In the civil lawsuit against Laundrie's parents filed on March 10, Petito's father, Joseph Petito, and mother, Nichole Schmidt, accused Chris and Roberta Laundrie of knowing their son murdered Petito.

Petito's parents believed that their daughter died on August 27 at the hands of Laundrie, who allegedly told his parents about what happened "on or about" August 28.

The lawsuit noted that Christ and Roberta knew of the mental suffering and anguish that the Petito family was experiencing but still refused to respond to Petito's family and law enforcement questions.

Petito's parents also alleged that the elder Laundries tried to help their son leave the country. They added that the couple also refused to disclose their son's whereabouts. The lawsuit continued to say that Chris and Roberta acted with "malice or great indifference" to the rights of Petito's parents.

The lawsuit noted that Laundrie's parents exhibited "extreme and outrageous conduct," which goes "beyond all possible bounds of decency and is regarded as shocking, atrocious, and utterly intolerable in a civilized community."

Court records showed that the Petito family is seeking damages of at least $100,000 for the "pain and mental anguish" they experienced as a result of the "willfulness and maliciousness" of Laundrie's parents.

The case is reportedly set for a preliminary hearing on June 30 in Sarasota County, Florida, where the lawsuit was filed.

In the motion obtained by the New York Post, the Laundries' camp slammed the arguments in the lawsuit filed by Petito's parents.

The attorneys for the Laundries said they had fundamental constitutional rights to silence. They added that while 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.

"Compelling individuals to respond to inquiries by private citizens or law enforcement through a civil action like this would turn our entire constitutional system and the freedom afforded individuals in this country on its head," the motion read.

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.

Brian Laundrie's Family Attorney Argues Parents Exercised Their Rights

In a statement released on Wednesday, Brian Laundrie's family attorney, Steven Bertolino, slammed the lawsuit filed by Gabby Petito's parents, saying it was baseless and frivolous.

Bertolino argued that the elder Laundries only exercised their "constitutional right to refrain from speaking and have relied on counsel to speak for them," WFLA reported.

"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," Bertolino noted.

The lawyer also pointed out that Chris and Roberta cannot be held liable for exercising their legal rights.

Bertolino then noted that he and his colleagues from Trombley & Hanes, who represents Brian Laundrie's parents, are confident that "the constitutional rights of all citizens of this country will be protected by the dismissal of this lawsuit."

Gabby Petito and Brian Laundrie's Death

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.

This article is owned by Latin Post.

Written by: Joshua Summers

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