Gabby Petito Family Lawsuit Against Brian Laundrie Parents Will Head to Jury Trial in 2023, Florida Court Says

A jury trial has been ordered for a lawsuit filed by Gabby Petito's family in Florida against the parents of Brian Laundrie.

According to court documents issued by the Sarasota Clerk of Court to WFLA, a trial in front of a jury has been scheduled for the week of August 14, 2023, at the South County Courthouse in Venice, Florida.

Joe Petito and Nichole Schmidt filed the lawsuit last month, alleging that Laundrie's parents knew that their son had murdered the 22-year-old vlogger.

The jury trial for Petito's case is expected to be open to the public, which could gain international media coverage. Petito's parents are also expected to reveal their evidence, which they claim will support their accusations that Chris and Roberta Laundrie knew their son killed Petito and tried to help him flee the country.

Pat Reilly, representing Petito and Schmidt, was asked by WFLA if there was evidence to support the allegations, and he said: "They'll have to wait and see."

"If we didn't believe it was true, we wouldn't have put them in the complaint," the lawyer added.

The Petito family alleged that Laundrie sent phony text messages between his phone and Petito's after she died "in an effort to hide the fact she was deceased."

Schmidt also alleged that Laundrie's mom blocked her phone number and Facebook profile around September 10, according to a WFLA reporter.

In the civil lawsuit filed on March 10, 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 refused to disclose their son's whereabouts. The lawsuit continued to say that Laundrie's parents acted with "malice or great indifference" to the rights of Petito's parents.

The lawsuit noted that Chris and Roberta 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.

While a date has been scheduled, the case still faces the possibility of being dismissed after the Laundries' attorney filed a motion for dismissal late last month.

Brian Laundries' Parents File Motion to Dismiss Lawsuit

In the motion to dismiss the civil lawsuit brought by Gabby Petito's parents, the camp of Brian Laundrie's parents slammed the arguments in the lawsuit.

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.

Laundries' family attorney, Steven Bertolino, earlier said the lawsuit filed by Petito's parents was baseless and frivolous.

In a statement, Bertolino argued that the elder Laundries only 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," 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 are confident that "the constitutional rights of all citizens of this country will be protected by the dismissal of this lawsuit."

Judge Hunter Carroll responded to the motion for the lawsuit's dismissal by giving the attorneys for Petito's family 20 days to file an amended complaint he said was necessary due to a "perceived procedural deficiency" in the case, The Sun reported.

In his response, Carroll said: "The Court in today's order is not passing on Defendants' arguments that this lawsuit should be dismissed with prejudice. The Court's intent is to address the perceived procedural deficiency before addressing the merits of Defendants' motion."

A decision on whether the civil lawsuit will be dismissed is expected after the judge reviews the revisions.

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: Mary Webber

WATCH: Brian Laundrie Claims Responsibility for Killing Gabby Petito: FBI Report - From ABC News