Found Deceased WY - Gabrielle ‘Gabby’ Petito, 22, Grand Teton National Park, 25 Aug 2021 #84

[BeachSky]

These are just allegations, so you're right that we haven't seen any evidence. But usually an attorney will not bring a case and make an allegation without having something to back it up. moo.

(bbm)

Amen !

 

[Kristin Esq.]

JB did say there was another document that said the family had requested a jury trial. He figured that might indicate there was decent evidence to these allegations. That's why I'm curious if the family and their attorney have access to the same digital evidence the FBI did.

The document that indicated the jury trial was just the civil cover sheet.

I have no idea if they already have access to the same digital evidence, but I'm sure their attorney will subpoena any documents.

 

[Megnut]

The document that indicated the jury trial was just the civil cover sheet.

I have no idea if they already have access to the same digital evidence, but I'm sure their attorney will subpoena any documents.

Did they perhaps file this in order to get that?

 

[HawthorneJuniper]

Is there any objectively reliable information about the Petito's claims of pleas for information? How many? Dates, times, frequency? Did all involve a voice message, or were some abandoned calls? A reasonably precise statement of what voice messages (if any) contained? If voice message were left, has anyone heard them? How many were there? were there attempts - even if unsuccessful - of response? Seems to me these would be important elements/aspects to know (not just speculate upon) to form a reliable opinion of those involved.

Oh, they will all be known now. They will have to testify under oath at a deposition.

 

[janiwan]

To establish negligence under Florida law, a plaintiff must demonstrate the following elements: i) the defendant owed the plaintiff a duty; ii) the defendant breached the duty owed to the plaintiff; iii) the defendant’s breach was a direct cause of the plaintiff’s injury; and iv) the plaintiff’s suffered measurable damages as a result.

Florida Appellate Court Explains Pleading Requirements in Recent Slip and Fall Case - South Florida Injury Lawyer Blawg - July 24, 2019

Under Florida law, to state a cause of action for intentional infliction of emotional distress, a complaint must allege four elements: (1) deliberate or reckless infliction of mental suffering; (2) outrageous conduct; (3) the conduct caused the emotional distress; and (4) the distress was severe.
Fla.: Emotional Distress Claim Requires Outrageous and Extreme Conduct

 

[BeachSky]

I feel the opposite. After all the support that I've seen here for a murderer and his family who assisted him, I'm thrilled that the victims family will finally get their day in court, and I hope that they get everything that they deserve in compensation.

Exactly!
I look forward to the explanations and or depositions of said parents. Feet to fire.
AND …Interested in that extensive report of Gabbys wounds.


MOO

 

[LMDlong]

Exactly!
I look forward to the explanations and or depositions of said parents. Feet to fire.
AND …Interested in that extensive report of Gabbys wounds.


MOO

I wonder what BL used or did to cause the blunt force trauma to GP.

 

[TL4S]

I wonder what BL used or did to cause the blunt force trauma to GP.

I'm just guessing, but I would bet he repeatedly slammed her head against the ground while he had her down strangling her. Or maybe struck her first (maybe with his fist). Total speculation...

 

[Lillymac]

I'm just guessing, but I would bet he repeatedly slammed her head against the ground while he had her down strangling her. Or maybe struck her first (maybe with his fist). Total speculation...

This is not meant to incite, but in any of the documents TOD, COD, etc., does it specifically name BL as the murderer or more importantly, what his motive was? I have no doubt in my mind that he killed her, but, I'd like to know why and what led up to it. I'm asking from a legal perspective. If it was published I would appreciate any info as to where it is, if on this forum. Thanks.

 

[NCWatcher]

Under Florida law, to state a cause of action for intentional infliction of emotional distress, a complaint must allege four elements: (1) deliberate or reckless infliction of mental suffering; (2) outrageous conduct; (3) the conduct caused the emotional distress; and (4) the distress was severe.
Fla.: Emotional Distress Claim Requires Outrageous and Extreme Conduct

Thanks. I'm not sure remaining silent and refusing to talk to LE or to GP's family could be presented in court as legally outrageous conduct. (Element #2)
JMO

 

[Gardenista]

I guess they did have the right to remain silent if they are guilty

In response, Laundrie family attorney Steven Bertolino, of East Islip, said in a text message: "As I have maintained over the last several months, the Laundries have not publicly commented at my direction which is their right under the law. 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."

Brian Laundrie told his parents he killed Gabby Petito, lawsuit alleges

 

[TL4S]

This is not meant to incite, but in any of the documents TOD, COD, etc., does it specifically name BL as the murderer or more importantly, what his motive was? I have no doubt in my mind that he killed her, but, I'd like to know why and what led up to it. I'm asking from a legal perspective. If it was published I would appreciate any info as to where it is, if on this forum. Thanks.

The FBI released a final statement, including this quote:

All logical investigative steps have been concluded in this case,” said FBI Denver Division Special Agent in Charge Michael Schneider. “The investigation did not identify any other individuals other than Brian Laundrie directly involved in the tragic death of Gabby Petito.

Brian Laundrie claims responsibility for Gabby's death in notebook, FBI to close case

 

[NCWatcher]

I guess they did have the right to remain silent if they are guilty

In response, Laundrie family attorney Steven Bertolino, of East Islip, said in a text message: "As I have maintained over the last several months, the Laundries have not publicly commented at my direction which is their right under the law. 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."

Brian Laundrie told his parents he killed Gabby Petito, lawsuit alleges

BBM

I'm pretty sure everyone has the legal right to remain silent in the US. Often people will say things like "innocent people have no reason not to talk to LE" but that's not really true. Nor is it what many attorneys tell their clients.
JMO

 

[Lillymac]

The FBI released a final statement, including this quote:

All logical investigative steps have been concluded in this case,” said FBI Denver Division Special Agent in Charge Michael Schneider. “The investigation did not identify any other individuals other than Brian Laundrie directly involved in the tragic death of Gabby Petito.

Brian Laundrie claims responsibility for Gabby's death in notebook, FBI to close case

Thank you so much. I thought I had read that, but couldn't remember where. Thanks again.

 

[WestGL]

I followed this case very closely in real time. The Petito’s do not strike me as ones who would file a frivolous lawsuit based on mere rumor, speculation, or taking shots in the dark. Being petty and spiteful would dishonor Gabby and her foundation, and they always tried to rise above. Thus I have to assume the FBI found and shared evidence of these claims during the investigation.

It’s crazy to think that the Laundries probably knew all along but really explains a lot of their strange behavior.

Interestingly it would mean that they planned that camping trip with the whole family as a final get together for Brian to be with his sister and her kids. We all wondered why they would suddenly go camping days after Brian returned (alone in Gabby’s van) from months of camping.

 

[Shamrock1]

Establishing intentional infliction of emotional distress is very hard. Not a FL attorney but I’d be surprised if IIED survives summary judgment. Negligent infliction is also very challenging - does FL typically need a physical impact to the plaintiff or a bystander plaintiff?

 

[Allabouttrial]

If it is true I don't find it shocking at all tbh. I think them not responding to the Petito's and remaining silent, all pointed towards them knowing something happened. How they ghosted Cassie and her family was also another indicator. I've always believed they did this in order to protect her.

I'm guessing though that he didn't tell them the whole truth. Possibly claimed it was accidental.

As for them helping him disappear, I would like to see what proof they have.

 

[Lillymac]

I just hope this doesn't start another barrage of reporters, protestors, youtubers, etc., hanging out on the Laundrie's lawn. JMO

 

[Allabouttrial]

Just watching JB going through the suit now. The Petito's were very vocal about the Laundrie's not responding to their calls and messages. I wonder why they didn't say at the time they had been blocked.

Unless they did and I missed it somehow.

 

[Shamrock1]

Briefly read the filing and I’m confused. Any FL attorneys/paralegals here? Where’s the claim that the parents owed a duty to alleviate suffering, etc? What’s the exact cause of action? Is this this entire complaint?