Gabby Petito's Mother Files Wrongful Death Lawsuit: Reports

BLUE POINT, NY — Attorneys for Gabby Petito's mother, Nichole Schmidt, have filed a new wrongful death lawsuit in Florida against the curator of the estate for Brian Laundrie, according to reports.

The lawsuit states that the slain Long Islander’s family, including Schmidt and Petito’s father, Joseph Petito, have "incurred funeral and burial expenses, and they have suffered a loss of care and comfort, and suffered a loss of probable future companionship, society, and comfort," Fox News reports.

Schmidt, who lives in Blue Point, is the administrator of the 22-year-old Petito's estate, ABC News reported.

Her lawsuit is seeking $30,000 and demands a trial by jury, as well as a judgment for compensatory damages, according to reports.

Petito, a native Blue Pointer, disappeared in August last year while on a cross-country trip with Laundrie, her fiancé, who returned to his parents' 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 later found in a Florida swamp, as well as a note in which he admitted his responsibility for her death, according to the Federal Bureau of Investigation.

In a statement, the Laundrie family attorney, Steven 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.

Petito's family sued Laundrie's parents, Christopher and Roberta Laundrie, in March, and just last week filed an amended lawsuit claiming the couple knew the location of Petito's undiscovered remains when they left for vacation, Newsday reported.

Petito's family's claims there was evidence of blunt force injuries to her head and neck and that they also 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 that of 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 has stated in previous interviews that Petito never would have called her grandfather by his first name and at the time, it concerned her.

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 previously 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 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."

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