Found Deceased WY - Gabby Petito, Grand Teton National Park #86

[NCWatcher]

IMO, the only reason for the lawsuit is to punish BLs parents, because BL himself is beyond punishment. Quite unfair. MOO.

I think we don't really know why the P's have chosen this particular course of action. They have said they are taking legal action for lots of reasons. Well, they haven't exactly said that although they seem to be tweeting more now and making public statements that way. But at any rate, their attorneys have been speaking for them all along.

What you suggest is certainly possible. There isn't any way to punish BL. And so his parents may be "stand-ins." And it wouldn't be beyond belief they might think the L's are to blame for what BL did (although the lawsuit against the L's is not for responsibility for GP's death.) It doesn't make sense to me to think parents are responsible for their adult children's actions but some do think that. Maybe the P's do. As @ktm44 noted, surviving family members may feel irrational guilt when a family member is murdered. They may blame themselves even though they shouldn't. And they may also think parents of a murderer must have done something wrong for the murder to have happened. In other words, the L's should feel guilty like the P's may. And all the parents did facilitate the road trip in some way.

The P's may also want answers to why the tragedy happened. (I do not think they want to know facts like GP's date of death. They claim to already know that.) But I don't think they'll get the answers they are seeking. I doubt the L's know what the P's have claimed they know & even if they did, that's not going to tell them why. Looking at BL's suicide note leads me to think no one will ever really know why (beyond the sort of hypotheses discussed here: a toxic relationship plus a long road trip.) And I do think the P's will find the trial pretty taxing. Courtrooms aren't victim-friendly.
JMO

 

[steeltowngirl]

The Petito’s reason for their civil action is provided in the suit. They are not required to give further reasoning prior to a trial, and they can allow their attorneys to speak on their behalf.

Twelfth Judicial Circuit Court Judge Hunter W. Carroll said in releasing his ruling Thursday that the Petito family had a valid claim against the Laundries and their suit seeking action over "intentional infliction of emotional distress" could proceed.

Judge Calls Laundrie Parents' Statement ‘Outrageous,' Says Petito Civil Suit Can Proceed

A circuit court judge in Florida denied a request by Brian Laundrie‘s parents to dismiss a civil lawsuit filed by Gabby Petito‘s parents alleging the other couple knew their son had killed his 22-year-old fiancee before the Long Island woman was reported missing. Twelfth Judicial Circuit Court...

www.nbcnewyork.com

 

[ktm44]

The Petito’s reason for their civil action is provided in the suit. They are not required to give further reasoning prior to a trial, and they can allow their attorneys to speak on their behalf.

Twelfth Judicial Circuit Court Judge Hunter W. Carroll said in releasing his ruling Thursday that the Petito family had a valid claim against the Laundries and their suit seeking action over "intentional infliction of emotional distress" could proceed.

Judge Calls Laundrie Parents' Statement ‘Outrageous,' Says Petito Civil Suit Can Proceed

A circuit court judge in Florida denied a request by Brian Laundrie‘s parents to dismiss a civil lawsuit filed by Gabby Petito‘s parents alleging the other couple knew their son had killed his 22-year-old fiancee before the Long Island woman was reported missing. Twelfth Judicial Circuit Court...

www.nbcnewyork.com

I believe the judge cited Johnny Depp’s trial and the comments of the Laundrie family lawyer.

I hope Gabby’s family gets the answers they seek but their recent tweet concerns me because they may end up on the receiving end of a lawsuit or a counter suit. It was pretty ugly.

 

[Warwick7]

I think we don't really know why the P's have chosen this particular course of action. They have said they are taking legal action for lots of reasons. Well, they haven't exactly said that although they seem to be tweeting more now and making public statements that way. But at any rate, their attorneys have been speaking for them all along.

What you suggest is certainly possible. There isn't any way to punish BL. And so his parents may be "stand-ins." And it wouldn't be beyond belief they might think the L's are to blame for what BL did (although the lawsuit against the L's is not for responsibility for GP's death.) It doesn't make sense to me to think parents are responsible for their adult children's actions but some do think that. Maybe the P's do. As @ktm44 noted, surviving family members may feel irrational guilt when a family member is murdered. They may blame themselves even though they shouldn't. And they may also think parents of a murderer must have done something wrong for the murder to have happened. In other words, the L's should feel guilty like the P's may. And all the parents did facilitate the road trip in some way.

The P's may also want answers to why the tragedy happened. (I do not think they want to know facts like GP's date of death. They claim to already know that.) But I don't think they'll get the answers they are seeking. I doubt the L's know what the P's have claimed they know & even if they did, that's not going to tell them why. Looking at BL's suicide note leads me to think no one will ever really know why (beyond the sort of hypotheses discussed here: a toxic relationship plus a long road trip.) And I do think the P's will find the trial pretty taxing. Courtrooms aren't victim-friendly.
JMO

This all remains to be seen.
No doubt this is going to trial---something Laundries don't want.

 

[DFWNF]

The Petito’s reason for their civil action is provided in the suit. They are not required to give further reasoning prior to a trial, and they can allow their attorneys to speak on their behalf.

Twelfth Judicial Circuit Court Judge Hunter W. Carroll said in releasing his ruling Thursday that the Petito family had a valid claim against the Laundries and their suit seeking action over "intentional infliction of emotional distress" could proceed.

Judge Calls Laundrie Parents' Statement ‘Outrageous,' Says Petito Civil Suit Can Proceed

A circuit court judge in Florida denied a request by Brian Laundrie‘s parents to dismiss a civil lawsuit filed by Gabby Petito‘s parents alleging the other couple knew their son had killed his 22-year-old fiancee before the Long Island woman was reported missing. Twelfth Judicial Circuit Court...

www.nbcnewyork.com

Yes, it is for their actions. Brian's parents. Bbm

 

[Skigirl]

IMO, the only reason for the lawsuit is to punish BLs parents, because BL himself is beyond punishment. Quite unfair. MOO.

IMO, the point of the civil trial is to gain access to evidence that might enable a criminal trial.

They have been an effective team in bringing attention and focus to her case, arousing public awareness, persuading law enforcement to take the case seriously, and advocating for their daughter; they strike me as remarkably clear-minded, competent, and focused on their goals.

IMO, the Petitos/Schmidts are within their rights to bring the suit and I hope that they get the information and result that they are seeking. MOO.

 

[RANCH]

IMO, the point of the civil trial is to gain access to evidence that might enable a criminal trial.

They have been an effective team in bringing attention and focus to her case, arousing public awareness, persuading law enforcement to take the case seriously, and advocating for their daughter; they strike me as remarkably clear-minded, competent, and focused on their goals.

IMO, the Petitos/Schmidts are within their rights to bring the suit and I hope that they get the information and result that they are seeking. MOO.

Why doesn't law enforcement have access to this evidence?

 

[ktm44]

IMO, the point of the civil trial is to gain access to evidence that might enable a criminal trial.

They have been an effective team in bringing attention and focus to her case, arousing public awareness, persuading law enforcement to take the case seriously, and advocating for their daughter; they strike me as remarkably clear-minded, competent, and focused on their goals.

IMO, the Petitos/Schmidts are within their rights to bring the suit and I hope that they get the information and result that they are seeking. MOO.

I don’t disagree that it is their legal right to sue the Laundrie family but in my opinion, it’s a double edged sword.

Their own daughter may be heavily scrutinized (which is also legal) and may cause them more anguish. I don’t feel that the Petito family will unearth evidence that the FBI couldn’t and I would be very surprised if they haven’t already scrutinized phone records.

<modsnip: opinion stated as fact>

 

[NCWatcher]

<modsnip> The Petito attorney put the chances of a trial next year at "over 50%" but that certainly leaves some wiggle room.

Court denies Laundries' motion to dismiss Petito suit

A circuit court judge has denied Christopher and Roberta Laundrie’s motion to dismiss a lawsuit filed by Gabby Petito’s parents which alleges that they knew Brian Laundrie had killed th…

www.newsnationnow.com

And DOJ data shows 97% of personal injury cases don't ever go to trial. So we'll see. This case may be in the 3% but it may not be.

Settlement vs. Trial: How Do They Compare in a Florida Personal Injury Lawsuit?

If you file a Florida personal injury lawsuit, chances are your case will never go to trial. In fact, U.S. Justice Department data shows about 97 percent of all claims are settled or dismissed ...

www.garvinlegal.com

JMO

 

[Skigirl]

I don’t disagree that it is their legal right to sue the Laundrie family but in my opinion, it’s a double edged sword.

Their own daughter may be heavily scrutinized (which is also legal) and may cause them more anguish. I don’t feel that the Petito family will unearth evidence that the FBI couldn’t and I would be very surprised if they haven’t already scrutinized phone records.

The recent tweets also leave them legally open to a counter lawsuit <modsnip>

<modsnip: Quoted post was modsnipped> Although victim-blaming is endemic even in the most victim-friendly of forums, I am confident that GP's family has nothing to fear from increased scrutiny. MOO.

 

[Warwick7]

The Petito’s reason for their civil action is provided in the suit. They are not required to give further reasoning prior to a trial, and they can allow their attorneys to speak on their behalf.

Twelfth Judicial Circuit Court Judge Hunter W. Carroll said in releasing his ruling Thursday that the Petito family had a valid claim against the Laundries and their suit seeking action over "intentional infliction of emotional distress" could proceed.

Judge Calls Laundrie Parents' Statement ‘Outrageous,' Says Petito Civil Suit Can Proceed

A circuit court judge in Florida denied a request by Brian Laundrie‘s parents to dismiss a civil lawsuit filed by Gabby Petito‘s parents alleging the other couple knew their son had killed his 22-year-old fiancee before the Long Island woman was reported missing. Twelfth Judicial Circuit Court...

www.nbcnewyork.com

"When juxtaposed with the other conduct in the case, though, the outrageous threshold is passed." I like this judge.

 

[Warwick7]

<modsnip> Although victim-blaming is endemic even in the most victim-friendly of forums, I am confident that GP's family has nothing to fear from increased scrutiny. MOO.

Yes its not Gabby's family that has anything to fear.

 

[Sillybilly]

ADMIN NOTE:

Okay everyone, move on from the constant back and forth about the lawsuit. Gabby's family has filed a suit they have every legal right to initiate, and to cast aspersions at them them in any way for doing so is not victim friendly.

 

[Trebor5591]

moving on

 

[Warwick7]

Ron Goldman’s sister, Kim Goldman, is hoping to speak with Gabby Petito’s family: ‘How can we do better?’

Kim Goldman said she's hoping to eventually speak with Gabby Petito's family to understand whether the power of social media was helpful or harmful in their case.

www.foxnews.com

 

[Warwick7]

Haunting messages on Gabby memorial near where body was found are revealed

HAUNTING messages have been left on a memorial dedicated to Gabby Petito, close by to where her body was found. Pictures taken by The Sun show notes written on rocks which form the shape of a cross…

www.the-sun.com

 

[lowes123]

I am sure Gabby’s parents just want the truth, I know I would. However legally, let’s just say Brian killed Gabby, whether it be a mercy killing or domestic violence, he called his parents. He told them she was dead. They did what they were supposed to do, call a lawyer. Maybe he did tell them that it was a mercy killing, an accident and they believed this. Maybe he told them it was a breakup or that Gabby left him. MAybe he told them she fell off a cliff and there was no body. They may have told him just come home, as they would want to protect their son. I hate to say it, but I don't believe we will ever know the full truth.

 

[Wallendo]

I suspect we are entering a quiet phase of this case.

The recent court ruling only allows the case to proceed to the next phase. The ruling did not confirm any allegations made by the P's, it only states that IF all allegations are true, there is a legal basis for a jury to vote on the facts of the case. The ruling specifically states that there are other actions for dismissal requested by the L's that will be addressed in a later phase of the process. There will be subpoenas, many of which are likely to be challenged, and the process will drag along at a snail's pace behind the scenes.

If a trial occurs, I don't think it will be as dramatic or explosive as many expect. The only pertinent facts to be determined by a jury are:
1) Did the L's know that Gabby was killed and if so, when did they become aware of this, and what circumstances did they understand to have occurred. Essentially, what did they know and when did they know it?
2) Did the L's act with malice towards Gabby's family?

Obviously, the plaintiff's lawyer will try to get as much emotionally charged information introduced as possible, and the Laundrie's lawyer will try to keep as much of that out as possible. As long as Brian is not put on trial, there is little to no reason that Gabby would be attacked in court. Neither BL's or GP's estates are parties to the suit. In fact, it is generally assumed that GP was dead before any of the alleged torts occurred.

 

[GRT]

I suspect we are entering a quiet phase of this case.

The recent court ruling only allows the case to proceed to the next phase. The ruling did not confirm any allegations made by the P's, it only states that IF all allegations are true, there is a legal basis for a jury to vote on the facts of the case. The ruling specifically states that there are other actions for dismissal requested by the L's that will be addressed in a later phase of the process. There will be subpoenas, many of which are likely to be challenged, and the process will drag along at a snail's pace behind the scenes.

If a trial occurs, I don't think it will be as dramatic or explosive as many expect. The only pertinent facts to be determined by a jury are:
1) Did the L's know that Gabby was killed and if so, when did they become aware of this, and what circumstances did they understand to have occurred. Essentially, what did they know and when did they know it?
2) Did the L's act with malice towards Gabby's family?

Obviously, the plaintiff's lawyer will try to get as much emotionally charged information introduced as possible, and the Laundrie's lawyer will try to keep as much of that out as possible. As long as Brian is not put on trial, there is little to no reason that Gabby would be attacked in court. Neither BL's or GP's estates are parties to the suit. In fact, it is generally assumed that GP was dead before any of the alleged torts occurred.

My personal opinion, based on my experience in two civil cases, is that this one will not go to trial. JMOO

Also as someone posted, the actual percentage of civil cases that make it to trial is very small, so the odds are against this one making it as well.

I would guess that both the P's attorney and the L's attorney will be encouraging their clients to settle out of court.

IMO, if they don't come to an agreement, the P's attorney may suggest dropping the case.

Civil suits can get nasty with both parties flinging insults, and I don't think anyone wants to see that sort of thing. But, that's just MOO.

 

[Warwick7]

The lawsuit gives them an opportunity to proceed with their claim for the emotional distress caused by the conduct of the Laundries.

Joe and Nichole "look forward to discovering the information" the Laundries knew about Gabby’s death and her whereabouts, and in particular getting a copy of any correspondence, emails and texts exchanged during the time period when Gabby’s whereabouts were unknown.

Could they settle out of court? Maybe. MOO is I dont see Reilly suggesting dropping the case. Not ever. They have fought too hard to get where they are at now. They want answers.