NewsNation

Laundries’ motion to dismiss Petito family’s suit denied

In this image taken from police body camera video provided by the Moab Police Department, Brian Laundrie talks to a police officer after police pulled over the van he was traveling in with his girlfriend, Gabrielle "Gabby" Petito, near the entrance to Arches National Park in Utah on Aug. 12, 2021.(Moab Police Department via AP, File)

(NewsNation) — A judge has denied motions by Brian Laundrie’s parents and their attorneys to dismiss the civil lawsuit filed against them by Gabby Petito’s family.

The case will move forward and it’s slated for trial on May 13, 2024.


Last year, Gabby’s parents, Joe Petito and Nichole Schmidt, filed a civil lawsuit against Laundrie’s parents, Chris and Roberta Laundrie. Schmidt and Petito accused the Laundries of intentional infliction of emotional distress.

Petito’s parents claim the Laundries found out Brian murdered their daughter and did nothing other than release a statement through their attorney. The Laundries’ attorney, Steven Bertolino, has been added as a co-defendant in the lawsuit.

Meanwhile, Gabby’s parents are also seeking messages sent between Brian Laundrie and his parents in a request for production that was filed Wednesday.

Petito’s parents are asking for messages the Laundries exchanged with their son from Aug. 27, 2021, which is the day Gabby Petito died, through the day Brian died.

“If you communicated with Brian Laundrie through any form of messaging services and/or apps between August 27, 2021, through Brian’s date of death, please provide all documents relating to your communications with Brian Laundrie during the relevant time frame,” the document said.

Petito’s family attorney told NewsNation they’re close to receiving all the text messages between Brian Laundrie and his parents.

NewsNation affiliate WFLA contributed to this report.