Outrageous in the context of the facts of the case as alleged in the P's Complaint (that the L's knew GP was dead and knew where her body was etc) if those facts cannot be proven, then the outrageousness doesn't stand.
Found Deceased WY - Gabrielle ‘Gabby’ Petito, 22, Grand Teton National Park, 25 Aug 2021 #85
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Warwick7
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Warwick7
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So...the judge has denied Christopher and Roberta Laundrie’s motion to dismiss a lawsuit filed by Gabby's parents.
"Judge Hunter W. Carroll ruled the Petito family at this stage had a valid claim against the Laundrie’s and allowed the lawsuit to advance."
"Before her body was found, the Laundrie’s released a statement through their attorney, saying it was their ” hope that the search for Miss Petito is successful and that Miss Petito is reunited with her family.”
"As alleged by the Plaintiffs, the Laundries made their statement knowing that Gabby was dead, knowing the location of her body, and knowing that her parents were frantically looking for her. If this is true, then the Laundries’ statement was particularly callous and cruel, and it is sufficiently outrageous to state claims for intentional infliction of emotional distress,” the court order said."
www.wfla.com
"Judge Hunter W. Carroll ruled the Petito family at this stage had a valid claim against the Laundrie’s and allowed the lawsuit to advance."
"Before her body was found, the Laundrie’s released a statement through their attorney, saying it was their ” hope that the search for Miss Petito is successful and that Miss Petito is reunited with her family.”
"As alleged by the Plaintiffs, the Laundries made their statement knowing that Gabby was dead, knowing the location of her body, and knowing that her parents were frantically looking for her. If this is true, then the Laundries’ statement was particularly callous and cruel, and it is sufficiently outrageous to state claims for intentional infliction of emotional distress,” the court order said."
Court denies Brian Laundrie’s parents motion to dismiss Petito’s civil lawsuit
A circuit court judge has denied Christopher and Roberta Laundrie’s motion to dismiss a lawsuit filed by Gabby Petito’s parents alleging they knew their son, Brian had killed their daug…
www.wfla.com
Wallendo
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People can be held responsible for statements made by their lawyer: Amber Heard "won" $2,000,000 for a statement made by Johnny Depp's lawyer.
On the other hand, this case is quite different. Bertolino made no accusations against GP or her parents. Any knowledge of the case he possessed would have been told to him by BL or his parents, and this is protected by attorney-client privilege. SB has stated that, at the time, he represented all three Laundries. If BL provided his lawyer with false information leading to the public statement, can his parents be held liable?
BL's "confession" is complete bull****. Based on this bizarre tale, I have no reason to believe he was brutally honest with his parents or his lawyer. I know many posters here believe he told his parents all the details of his crime, but that just seems too out of character for the person who claimed to have help put her out of her misery.
In this case, I suspect only two people knew what really went down out west, and both of them are dead. I suspect that when this lawsuit is over, there will still be divisions among us as to the L's actions and motives.
On the other hand, this case is quite different. Bertolino made no accusations against GP or her parents. Any knowledge of the case he possessed would have been told to him by BL or his parents, and this is protected by attorney-client privilege. SB has stated that, at the time, he represented all three Laundries. If BL provided his lawyer with false information leading to the public statement, can his parents be held liable?
BL's "confession" is complete bull****. Based on this bizarre tale, I have no reason to believe he was brutally honest with his parents or his lawyer. I know many posters here believe he told his parents all the details of his crime, but that just seems too out of character for the person who claimed to have help put her out of her misery.
In this case, I suspect only two people knew what really went down out west, and both of them are dead. I suspect that when this lawsuit is over, there will still be divisions among us as to the L's actions and motives.
floridafreshsqueez
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Looks like the Judge disagreed with you
Mike in WNY
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I'll suggest that the most critical words in that document are "If this is true...". I'd like to have seen an complimentary statement of "If this is not true...".So...the judge has denied Christopher and Roberta Laundrie’s motion to dismiss a lawsuit filed by Gabby's parents.
"Judge Hunter W. Carroll ruled the Petito family at this stage had a valid claim against the Laundrie’s and allowed the lawsuit to advance."
"Before her body was found, the Laundrie’s released a statement through their attorney, saying it was their ” hope that the search for Miss Petito is successful and that Miss Petito is reunited with her family.”
"As alleged by the Plaintiffs, the Laundries made their statement knowing that Gabby was dead, knowing the location of her body, and knowing that her parents were frantically looking for her. If this is true, then the Laundries’ statement was particularly callous and cruel, and it is sufficiently outrageous to state claims for intentional infliction of emotional distress,” the court order said."
Court denies Brian Laundrie’s parents motion to dismiss Petito’s civil lawsuit
A circuit court judge has denied Christopher and Roberta Laundrie’s motion to dismiss a lawsuit filed by Gabby Petito’s parents alleging they knew their son, Brian had killed their daug…
No, he didn't. His decision re: the MTD had to assume the alleged facts in the Complaint are true. At trial there will be no such assumption. The plaintiffs will have to prove the L's knew what the P's claim they knew. IF the L's had no clue GP was dead, SB's statement certainly isn't outrageous.Looks like the Judge disagreed with you
JMO
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"Reilly told Sarasota County Court, Florida: 'This is case not simply about the silence of Robert and Christopher Laundrie who knew their son had brutally murdered Gabby Petito.'
He said it also wasn't about their 'callous refusal despite pleas from the Petito family' to speak out about whether not Gabby was alive – or if she wasn't the location of her body.
'It's about a course of conduct that they committed from when they learned on August 28, 2021 that their son had brutally murdered Gabby Petito,' he said."
www.dailymail.co.uk
(BBM)
He said it also wasn't about their 'callous refusal despite pleas from the Petito family' to speak out about whether not Gabby was alive – or if she wasn't the location of her body.
'It's about a course of conduct that they committed from when they learned on August 28, 2021 that their son had brutally murdered Gabby Petito,' he said."
Gabby Petito's family win the right to sue Brian Laundrie's parents
The family of Gabby Petito won the right to sue the parents of Brian Laundrie after a judge ruled that Laundries' attorney made 'objectively outrageous' statements during the 2021 nationwide search.
(BBM)
Nikynoo
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Those 'facts' still need to be proven at trial.Looks like the Judge disagreed with you
officer'swife 2010
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My mistake on wording and actually I just heard on a video that it was his shoes
Warwick7
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Warwick7
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Thanks.
I can't read the full statement-- the edges are cut off-- but I think it says the P's look forward to discovering what the L's knew. I know several people posting here have opined the P's hope to find evidence for their various claims through the discovery process (such as the claim the L's knew GP was dead) That they don't really have evidence yet. Sounds like that's the case. But they'll need that evidence eventually.
Since the judge said the L's silence wasn't a problem will evidence of their silence and their vacation for 2 days be presented at trial?
JMO
See, but to me, this statement is discouraging to the idea that the Ps already have evidence, such as something obtained from the FBI. It says they "look forward to discovering the information the Ls knew about G's death and her whereabouts, and in particular getting a copy of any correspondence, emails and texts..." and so on.
ETA: You beat me to it @NCWatcher...
gliving
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M
Thank you!!
Mike in WNY
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Why not? I'd think the defendants - as well as plaintiffs - could have anyone they want to be a public spokesperson. To my knowledge, unless there's some type of court gag-like order, folks have all manners of people speak for them - family, friends, attorneys, public relations reps, clergy, etc. Sometimes, they even speak for themselves. I'd bet, in this case, it certainly allows a bit of an insulating factor, too... and the interested public already "knows" the guy.
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