Hearing In Gabby Petito's Family’s Lawsuit To Be Held Wednesday

VENICE, FLA. — Attorneys will square off in court on Wednesday afternoon in Florida during a hearing, as part of the lawsuit brought by the parents of native Long Islander Gabby Petito against the family of Brian Laundrie, to decide if the case should move forward to a jury trial next year.

Arguments will be made before Judge Hunter W. Carroll concerning a motion to dismiss the lawsuit, which was brought by Joseph Petito and Nicole Schmidt in March, by Steven Bertolino, an attorney for Christopher and Roberta Laundrie, according to a report on WFLA.com.

Petito, who was from Blue Point, disappeared in August 2021 while on a cross-country trip with Laundrie, her fiancé, who returned to his parent's home in Florida in her van on Sept. 1. After a frantic interstate search, involving multiple law enforcement agencies, she was found strangled to death near Grand Teton National Park in Wyoming on Sept. 19 — eight days after Schmidt filed a missing person report with police in her hometown of Suffolk County.

Laundrie shot himself and his remains were found in a Florida swamp, along with a note in which he admitted his responsibility for her death, according to the Federal Bureau of Investigation.

Petito's family sued the Laundries in March, and in an amended version, claimed the couple knew the location of Petito's undiscovered remains when they left for vacation, Newsday reported.

Petito's family claims there was evidence of blunt force injuries to her head and neck and that they believe the Laundries were planning to help their son leave the U.S., WFLA.com reports.

"While Joseph Petito and Nichole Schmidt were desperately searching for information concerning their daughter, Christopher Laundrie and Roberta Laundrie were keeping the whereabouts of Brian Laundrie secret, and it is believed they were making arrangements for him to leave the country," the lawsuit states.

The lawsuit claims Laundrie texted back and forth between his phone and Petito's after her death "in an effort to hide the fact that she was deceased," and mentions a text he is believed to have sent to Schmidt on Aug. 27 referring to Petito's grandfather by his first name, Stan, WFLA.com reports.

Schmidt stated in interviews that Petito never would have called her grandfather by his first name and, at the time, it raised alarms.

The lawsuit also mentions a text believed to be sent by Laundrie to Schmidt as he pretended to be Petito, claiming there was no service in Yosemite "in an effort to deceive her," according to WFLA.com.

Petito's family has said there was no communication between them and the Laundries, and in their lawsuit, they highlight how the family would not answer questions from them or law enforcement about Petito's disappearance and how they went camping at Fort DeSoto Park "while Gabrielle Petito's family was suffering," WFLA.com reported.

The lawsuit also claims that Roberta Laundrie blocked Schmidt's phone number and blocked her from messaging on Facebook around the time her daughter was reported missing, according to the outlet.

The lawsuit accuses the Laundries of "malice or great indifference to the rights of" Petito's family, WFLA.com reported.

"Christopher and Roberta Laundrie exhibited extreme and outrageous conduct which constitutes behavior," that "goes beyond all possible bounds of decency and is regarded as shocking, atrocious, and utterly intolerable in a civilized community," according to the lawsuit obtained by the outlet.

The lawsuit seeks at least $100,000, and states that Petito and Schmidt suffered pain and mental anguish as a result of the "willfulness and maliciousness" of the Laundries, WFLA.com reported.

In the amended lawsuit, the Petito family's attorney, Patrick Reilly, wrote: "They went on vacation knowing that Brian Laundrie had murdered Gabrielle Petito, it is believed that they knew where her body was located, and further knew that Gabrielle Petito's parents were attempting to locate her," the outlet reported.

Bertolino has previously called the lawsuit "baseless" and "frivolous."

In a statement to Patch after the filing of the amended lawsuit, Bertolino said: "The allegations in the amended complaint may now conform to proper pleadings but they do not give rise to liability under the law. Thus we are still confident the court will dismiss the action."

A wrongful death lawsuit seeking damages for funeral expenses was also filed by Nicole Schmidt in May.

In a statement, Bertolino called the new lawsuit "fully expected" and will most likely "not be defended."

"The Petitos will have gained nothing more than a piece of paper that tells them what everyone already knows — which is that Brian was responsible for Gabby's death as indicated by the FBI," he added.

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