Gabby Petito Case: Court Denies Motion From Brian Laundrie’s Parents to Dismiss Civil Lawsuit

Gabby Petito's family will now be able to take their civil lawsuit against Brian Laundrie's parents to trial.

According to court documents obtained by E! News on June 30, Twelfth Judicial Circuit Court Judge Hunter W. Carroll denied Christopher Laundrie and Roberta Laundrie's request to dismiss the civil suit from Joseph Petito and Nichole Schmidt, which alleged that they knew their son Brian had killed their daughter.

Judge Carroll said the Petito family had a valid claim against the Laundries and is allowing their lawsuit to proceed to trial, per court documents.

Following the judge's ruling, Steven Bertolino, attorney for the Laundries, said in a statement to E! News, "Chris and Roberta Laundrie, and myself, are disappointed with Judge Carroll's decision to deny the motion and allow this lawsuit to proceed. Judge Carroll points out that the September 14, 2021 statement, standing alone, does not suggest outrage, but within the context of the other allegations in the case, the plaintiffs have met the threshold to go forward to the next phase."

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He added, "The Laundries will continue to use all available legal means to preserve their rights."

Last September, Brian returned home to Florida from a cross-country trip without his fiancée Gabby. The YouTuber's remains were found on Sept. 19 in a remote area of the Bridger-Teton National Forest, eight days after her parents reported her missing.

The Teton County Coroner's Office determined that Gabby's manner of death was a homicide.

Authorities named Brian a person of interest in her disappearance and death, however, his parents reported the 23-year-old missing. His remains were found on Oct. 20 in Florida's Myakkahatchee Creek Environmental Park. Authorities determined he died by suicide.

Brian Laundrie, Gabby Petito, Instagram
Instagram/Fox News

In March, Joseph and Nichole filed a civil lawsuit against the Laundries, alleging in court documents that they knew Brian killed Gabby, kept his whereabouts a "secret" after reporting him missing and were "making arrangements for him to leave the country."

In a statement to E! News, Christopher and Roberta's lawyer said, "Assuming everything the Petitos allege in their lawsuit is true, which we deny, this lawsuit does not change the fact that the Laundries had no obligation to speak to Law Enforcement or any third-party including the Petito family. This fundamental legal principle renders the Petitos' claims to be baseless under the law."

Additionally, Gabby's mom filed a separate wrongful death lawsuit against the curator of Brian's estate in May, seeking $30,000 in damages. No trial date has been set for that suit.

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On June 25, a lawyer for the Laundries released copies of Brian's notebook, in which he admitted to performing a mercy killing on his fiancée after she sustained an injury as the two tried to cross a stream.

He noted she had a "bump on her forehead" and was "freezing cold" and "begging for an end to her pain."

Gabby Petito, Brian Laundrie, Instagram

Brian added, "From the moment I decided, took away her pain, I knew I couldn't go on without her." He also called her death an "unexpected tragedy, adding, "Gabby was the love of my life, but I know adored by many. I'm so very sorry to her family because I love them."

Following the release of Brian's notes, Gabby's mom shared a cryptic message on Twitter June 27, which read, "Narcissists rewrite history to escape accountability. You are not crazy."

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