Attorney of Brian Laundrie's family files motion to dismiss complaint against him
A New York-based attorney who represented Brian Laundrie's parents filed a motion to dismiss an amended complaint Monday which includes him as a defendant in a lawsuit against Christopher and Roberta Laundrie.
In early December, Joseph Petito and Nicole Schmidt, Gabby Petito's parents, requested to file a second amended complaint which included two counts against Steven Bertolino, who was the Laundries' attorney at the time of Gabby Petito's disappearance and death, court records indicate.
Circuit Court Judge Danielle Brewer granted the motion on Jan. 24. A summons and copies of the motion and amended complaint were served to Bertolino six days later, court records show.
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What the motion to dismiss says
The 20-page motion states the amended complaint doesn't establish a "viable cause of action" against Bertolino under Florida law since his alleged conduct and the statements he said on behalf of the Laundries' were not outrageous.
The two statements, made on Sept. 14, 2021, and Sept. 19, 2021, were made to the public at large and not directly to the Gabby Petito's parents, the motion states.
The motion to dismiss asserts that the first statement was neither misleading nor inaccurate, as days after it was made, Gabby Petito's remains were reunited with her family. As for the second statement following the discovery, the document points out the second amended complaint fails to give a reason as why it "constitutes a basis for intentional infliction of emotional distress."
What the statements said
A few weeks after Gabby Petito disappeared in late August, prompting her family to alert law enforcement to investigate the 22-year-old's disappearance, Bertolino released a statement on behalf of the Laundries during the immense media attention.
"It is our understanding that a search has been organized for Miss Petito in or near Grand Teton National Park in Wyoming. On behalf of the Laundrie family it is our hope that the search for Miss Petito is successful and that Miss Petito is reunited with her family," the statement said.
A second statement was then released five days later when Gabby Petito's remains were found near Grand Teton National Park in Wyoming.
“The news about Gabby Petito is heartbreaking. The Laundrie family prays for Gabby and her family.”
What's next in the case
A motions hearing, which was scheduled for March 13 at 11 a.m. in the South County Courthouse was canceled, court records show. A new hearing has yet to be scheduled in the case.
The case is expected to go to trial at the end of this summer with a jury trial currently scheduled for the Aug. 14 trial period. A pretrial conference is scheduled for July 7 prior to the trial.
Gabriela Szymanowska covers the legal system for the Herald-Tribune in partnership with Report for America. You can support her work with a tax-deductible donation to Report for America. Contact Gabriela Szymanowska at gszymanowska@gannett.com, or on Twitter.
This article originally appeared on Sarasota Herald-Tribune: Brian Laundrie family attorney files motion to dismiss complaint
