Gabby Petito’s Parents Set To Face Off In Court Against Brian Laundrie’s Parents
By MLC on April 14, 2022 at 2:30 PM EDT
Gabby Petito’s parents just received some much needed good news.
Joseph Petito and Nichole Schmidt filed a lawsuit against Brian Laundrie’s parents, Chris and Roberta Laundrie, last month.
They sued the murderer's parents for knowing more about Gabby’s death and Brian’s whereabouts than they let on.
The Laundrie’s lawyer, Steven Bertolino, filed a motion to dismiss the lawsuit calling it “baseless.”
Gabby Petito's Parents May Get Their Day In Court With The Laundries
While the status of the lawsuit and dismissal are still up in the air, Petito and Schmidt can at least look to the future with a bit of positivity.
Florida news station WFLA reported on Wednesday, April 13, that a jury trial has been ordered AND scheduled for the lawsuit filed by Gabby’s parents against the Laundries.
While this is very hopeful news, there is still a chance the trial won’t happen, but if it does, the trail won’t take place until 2023.
A Jury Trial Has Been Ordered In The Lawsuit Of Petito Vs. Laundrie
WFLA obtained court documents which state that “a trial in front of a jury has been set for the week of August 14, 2023, at the South County Courthouse in Venice, Florida. The trial’s term window doesn’t begin until next year due to scheduling in the Sarasota County court system.”
Gabby is thought to have been murdered by Brian on or around August 28, so the fact that the trial could take place right around the two-year mark of her death will bring high emotions for all involved.
The news outlet also reported that the jury trial, if not dismissed, is expected to be open to the public, which could draw international media attention, much like her disappearance and untimely death attracted.
The trial could be a civil case versus a criminal case, but regardless, this will be the first time the Petito-Schmidt case reaches a courtroom and could reveal some very telling and incriminating evidence the Petito and Schmidt families claim to have against the Laundries.
As previously mentioned, the case still has the potential to be dismissed given Bertolino filed a motion to dismiss the lawsuit in late March.
Laundrie's Parents Filed To Dismiss The Lawsuit In March
The New York lawyer dismissed the case on grounds his clients, the Laundries, exercised their constitutional right to refrain from speaking and “continuously relied on counsel to speak for them.”
Per the news outlet, Judge Hunter W. Carroll responded to the motion for the lawsuit’s dismissal by allowing the attorneys for Petito and Schmidt 20 days to file an amended complaint.
Judge Carroll says it was necessary due to a “perceived procedural deficiency” in the suit.
In a statement, Judge Carroll said, “To be clear, the Court in today’s order is not passing on Defendants’ argument 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.”
Petito and Schmidt’s attorney, Pat Reilly, said he is already preparing to file an amended complaint to the state “separate causes of action on behalf of the Petito family against the Laundries.”
Once the amended complaint is filed, Judge Carroll will review the revisions and decide whether to dismiss the lawsuit or uphold it.
Bertolino says he and his clients are “prepared for everything,” and will seek dismissal regardless of the changes made to the amended complaint.
On the other hand, Reilly has a “high confidence level” the lawsuit will reach a jury trial if it doesn’t get settled out of court.
