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READ: Attorneys for Brian Laundrie’s parents file updated motion to have Petito lawsuit dismissed

An independent investigative report determined two officers with the Moab Police Department...
An independent investigative report determined two officers with the Moab Police Department neglected their duty by failing to press charges against Gabby Petito after she admitted to being the aggressor in a fight with her fiancé, Brian Laundrie, during an August traffic stop.(Source: Moab Police via CNN)
Published: May. 17, 2022 at 12:18 AM EDT|Updated: May. 17, 2022 at 11:21 AM EDT
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UPDATED: With court documents

SARASOTA, Fla. (WWSB) - Attorneys for Brian Laundrie’s parents have filed an updated 21-page motion to have the Gabby Petito lawsuit dismissed, saying the murdered girl’s parents simply have not proven their case.

“There are no facts that could support the cause of action and the Court should dismiss the Complaint with prejudice,” the latest motion says.

The lawsuit contends that the Laundries concealed that their son had confessed to the murder from investigators and Petito’s parents while the search for Gabby Petito was ongoing, intentionally inflicting emotional distress.

“In doing so, Christopher Laundrie and Roberta Laundrie acted with malice or great indifference to the rights of (Gabby’s parents) Joseph Petito and Nicole Schmidt,” the lawsuit claims, adding that this conduct was “shocking, atrocious, and utterly intolerable in a civilized community.”

The lawsuit adds that the Laundries were “making arrangements for him (Brian) to leave the country.”

The Laundries have explained that their choice to stay silent during Gabby’s disappearance is “What most people would and should do.”

Steven Bertolino, the attorney for the Laundries released a statement to ABC7:

“The amended complaint did not aver any new facts or cite any law that would support the legally baseless claim. We are confident our current motion to dismiss the amended complaint will be granted.”

Bertolino argued the Laundries’ decisions to talk only with their attorney while Gabby was missing were “legally permissible, constitutionally protected, not outrageous, and do not give rise to any cause of action,” and that the suit should be thrown out.

The lawsuit seeks damages of at least $30,000. If the case is not dismissed, a jury trial has been set for the week of Aug. 14, 2023.

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