Florida Judge Denies Laundrie Motion To Dismiss In Gabby Petito's Family's Lawsuit

SARASOTA, FL — The Florida judge presiding over the lawsuit filed by Gabby Petito's parents alleging intentional infliction of emotional distress has denied motions to dismiss argued by Christopher and Roberta Laundrie, and their attorney, Steven Bertolino.

The Blue Point native, Petito, 23, and her fiancé, Brian Laundrie, began traveling in her van across the country in the summer of 2021 when she lost contact with her family. Her mother, Nichole Schmidt, reported her missing Sept. 11, 2021.

Laundrie returned in her van to his parents' house in Florida, where they had been living. Multiple law enforcement agencies across the country undertook a massive investigation into her disappearance, while Laundrie refused to speak with them.

Laundrie later drove to a Florida swamp, where he shot himself. He left his confession in his notebook, claiming he strangled her out of mercy after she fell into a ravine.

Petito's remains were found Sept. 19, 2021.

Her family later filed a lawsuit against the Laundries and Bertolino alleging that they knew she was dead but released a statement before her remains were found giving them hope that she would be found.

In her ruling from Wednesday, Judge Danielle Brewer writes, "Today’s ruling does not determine what happened to Gabby Petito. Instead, today’s ruling is technical in nature. It determines only whether Gabby Petito’s parents (the Plaintiffs) stated a valid claim against...[]the defendants[].”

Petito's parents, Joseph Petito and Nichole Schmidt, sued the Laundries in May 2022.

Bertolino was added Petito's family's lawsuit last December alleging he also inflicted emotional distress. In Florida, plaintiffs must prove deliberate or reckless infliction of mental suffering; outrageous conduct; the conduct caused the emotional distress; and the distress was severe.

In his motion, Bertolino argued that he did not intend to inflict emotional distress on Petito's family, and that there was no outrageous conduct when he released a statement stating that the Laundries wished Petito would be "reunited with her family," saying there was no inference as to her status.

But Brewer dismissed that, saying that "reasonable inferences could also be made that 'reunited with her family' means that Petito would be reunited with her family alive."

Bertolino also argued that his conduct was privileged as the Laundries' attorney and should be subject to absolute immunity for his representation.

"While it is true that this inference may be made, it is also reasonable to infer based on the Second Amended Complaint that the Laundrie defendants were not facing litigation at the time of the alleged conduct," Brewer writes.

"Therefore, while Defendant Bertolino may utilize the litigation privilege and the immunity that
follows as an affirmative defense, it does not act to defeat Plaintiffs’ causes of action at this
stage."

In the Laundries' case, the judge ruled that their argument that Petito's family needed to be present for emotional distress to take place failed because it needed only be directed toward them.

Brewer went on to say that further arguments for the dismissal were not sufficient.

In a statement to Patch, Bertolino said he is “disappointed that the motion was not granted but the decision was not unexpected.”

“At this stage of the process, the plaintiffs’ allegations have to be accepted as true and the court can not consider anything not contained in the complaint,” he said. “As the process moves forward I am confident that the plaintiffs’ will not be able to provide the proof necessary to support their baseless allegations.”

Patch has reached out to Petito family attorney, Patrick Reilly,for comment.

This is a developing story. Check back for updates.

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