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

[NCWatcher]

And, I think should those allegations not be proven, the "failed" (so-to-speak) suit could turn the defendants into quasi-victims and the plaintiffs into a quasi-lynch-mob in many an eye. Sure, the die hard "I've made up my mind and nothing will change my opinion" crowd will not be swayed... but the pendulum may swing for others.

It seems to me that the totality of this filing is anemic. Giving the filing attorney the benefit of the doubt for the time being, I will speculate that any voids are intentional/calculated/strategic. I think the plaintiffs are relying on the fact that the defendants can never 'prove' they didn't know something and have decided to take a legal gamble for an emotional hope. I also think there is an element of 'be careful what you wish for' hovering over this action.

Good points. The complaint does read as an appeal to emotion to me. And I guess it sort of has to since it appears no one can explain why the L's had a legal duty to talk to the P's or to LE. I cannot imagine their attorney thinks the judge will simply overlook the clear absence of the first element of negligence-- a legal duty. A juror might if he/she gets carried away by emotion but I can't imagine a judge would overlook that to allow the case to get to a jury. (But of course some judges do weird things.) I admit I'm not an attorney but I really don't see how this missing duty can be found during discovery either. Even if they knew GP was dead (and you are right @Mike in WNY nobody can prove absence of knowledge) that still wouldn't create a legal duty to the P's.

It could be that the P's are doing this in hopes of uncovering incriminating evidence that will cause criminal charges to be brought against the L's. I don't quite see how that is very likely. I expect the FBI and other LE were pretty thorough. Or maybe they want to generate more public sentiment against the L's as punishment.

I do wonder too if having 4 parents/step-parents grieving has been a double-edged sword. Extra support can be good but sometimes couples who've lost a child will say things like "I needed to X while he was stuck on Y" or "His/her grief kept me from doing what I needed to do to heal." Perhaps having 4 parents involved has created additional pitfalls. I was glad to see the majority of merchandise on the Foundation website no longer bears GP's likeness. That's probably a good thing.

JMO

 

[BeachSky]

Complaints are just allegations, there doesn't need to be any proof in them; though, sometimes, plaintiffs will attach exhibits. But you don't need proof for the Complaint. A lot of times, evidence is gained during the discovery phase.

Thank you.
IMO the GP family is being pro active in finding out what things they were denied knowing. She did not die in a car accident. She was murdered and left decomposing in an open space to animals & elements. For strangers to find her. The GP family had to identify her decomposed body, the GP family had to wait until LE finished autopsying her to actually HAVE her ..then bury their precious vibrant daughter.
She was murdered by BL and left there by BL. During those days she lay out there BL drove her van, spent her money, went to his parents home where he interacted with his family.
IMO this suit is about answers and accountability. I give the GP family props for how they handled BL being “home”
and or “missing”. My Dad would of stormed their front door! I honestly don’t know how they have dealt with this …possibly hoping later they could try to find out what they , at the very least , humanly deserved to know.

MOO

 

[Megnut]

Thank you.
IMO the GP family is being pro active in finding out what things they were denied knowing. She did not die in a car accident. She was murdered and left decomposing in an open space to animals & elements. For strangers to find her. The GP family had to identify her decomposed body, the GP family had to wait until LE finished autopsying her to actually HAVE her ..then bury their precious vibrant daughter.
She was murdered by BL and left there by BL. During those days she lay out there BL drove her van, spent her money, went to his parents home where he interacted with his family.
IMO this suit is about answers and accountability. I give the GP family props for how they handled BL being “home”
and or “missing”. My Dad would of stormed their front door! I honestly don’t know how they have dealt with this …possibly hoping later they could try to find out what they , at the very least , humanly deserved to know.

MOO

I think you are spot on.

I think G's family want answers. On a human level. Starting with the date she died. Likely discernable from data B's family has but has been unwilling to share.

I think G's family could get what they need with one phone call or one sitdown. Except that B's family has resisted all such things. From the very beginning.

And G's family isn't satisfied.

It may come down to phone records and the notebook to lay bare the timeline.

LE won't release that. No trial....

So what other recourse does G's family have? I think they are exercising their rights to file a lawsuit, in order to access discovery.

I think it's pretty clear.

Not about money. Not about vengeance.

A mom and a dad just want some answers.

JMO

 

[LMDlong]

Thank you.
IMO the GP family is being pro active in finding out what things they were denied knowing. She did not die in a car accident. She was murdered and left decomposing in an open space to animals & elements. For strangers to find her. The GP family had to identify her decomposed body, the GP family had to wait until LE finished autopsying her to actually HAVE her ..then bury their precious vibrant daughter.
She was murdered by BL and left there by BL. During those days she lay out there BL drove her van, spent her money, went to his parents home where he interacted with his family.
IMO this suit is about answers and accountability. I give the GP family props for how they handled BL being “home”
and or “missing”. My Dad would of stormed their front door! I honestly don’t know how they have dealt with this …possibly hoping later they could try to find out what they , at the very least , humanly deserved to know.

MOO

As a parent I feel GP’s family is searching for answers and accountability, that they should be entitled to. If that was my daughter I would never ever stop.

 

[JusticeWaits]

Thank you.
IMO the GP family is being pro active in finding out what things they were denied knowing. She did not die in a car accident. She was murdered and left decomposing in an open space to animals & elements. For strangers to find her. The GP family had to identify her decomposed body, the GP family had to wait until LE finished autopsying her to actually HAVE her ..then bury their precious vibrant daughter.
She was murdered by BL and left there by BL. During those days she lay out there BL drove her van, spent her money, went to his parents home where he interacted with his family.
IMO this suit is about answers and accountability. I give the GP family props for how they handled BL being “home”
and or “missing”. My Dad would of stormed their front door! I honestly don’t know how they have dealt with this …possibly hoping later they could try to find out what they , at the very least , humanly deserved to know.
MOO

"then bury their precious vibrant daughter."..."My Dad would of stormed their front door!"

Home invasion is a serious crime. "Storming their front door" could wind up getting someone killed. I feel it would be best for all to dial back on the emotionalism, IMO.

I'm not disputing at all the Pepito's right to file a civil suit. I am very interested in seeing if it will proceed. I fear it will be dismissed outright, but we shall see. MOO

 

[RANCH]

It appears to me that Gabby's parents are looking not only for answers but to punish the Laundries.

The lawsuit has the "over $100,000.00" box checked. If they were only looking for answers they could have selected a smaller amount. JMO.

READ: Gabby Petito's parents lawsuit against Brian Laundrie's parents - East Idaho News

 

[RANCH]

As a direct and proximate result of the wilfulness and maliciousness of Christopher Laundrie and Roberta Laundrie, Joseph Petito and Nichole Schmidt had been caused to suffer pain and suffering, mental anguish, inconvenience, loss of capacity for enjoyment of life experienced in the past and to be experienced in the future.

In the lawsuit Gabby's parents are claiming that the Laundrie's "direct and proximate" actions caused them injuries. I'm not sure about that. Wouldn't Brian Laudrie's actions be the "direct and proximate cause" of their pain and suffering, mental anguish etc?

In a personal injury case, the plaintiff must prove proximate cause. That is, even if the defendant clearly committed a negligent act, the plaintiff still needs to explain how that negligence caused their actual injury. As the Florida Supreme Court has explained, proximate cause requires proof that it was “more likely than not that the conduct of the defendant was a substantial factor in bringing about the result.” Note the use of “substantial.” Florida does not require the defendant’s negligent act to be the sole–or even primary–factor in causing the plaintiff’s injuries.

Can the plaintiffs prove "proximate cause" in this case?

'Beyond All Possible Bounds of Decency': Bombshell Lawsuit by Gabby Petito's Parents Claims Laundries Tried to Help Son Leave the Country After He Confessed to Murder

The Role Of “Proximate Causation” In Florida Personal Injury Cases

 

[RANCH]

Authorities Searching for Gabby Petito 'Obtain Phone Data' for Her and Brian Laundrie

LE should have obtained BL's text messages at some point. They never mentioned that he texted anyone and confessed. LE did announce that BL confessed to killing Gabby in writing's found in a notebook recovered with his body.

Investigators say Petito’s fiancé, Brian Laundrie, confessed to the murder before taking his own life, writing it down in a notebook that was discovered in the same area as Laundrie's remains.

If BL texted his parents and told them he killed Gabby why would LE hold on to that information? For possible prosecution of the Laundrie's? On what charge? Failure to report a death?

406.12 Duty to report; prohibited acts.—It is the duty of any person in the district where a death occurs, including all municipalities and unincorporated and federal areas, who becomes aware of the death of any person occurring under the circumstances described in s. 406.11 to report such death and circumstances forthwith to the district medical examiner. Any person who knowingly fails or refuses to report such death and circumstances, who refuses to make available prior medical or other information pertinent to the death investigation, or who, without an order from the office of the district medical examiner, willfully touches, removes, or disturbs the body, clothing, or any article upon or near the body, with the intent to alter the evidence or circumstances surrounding the death, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 7, ch. 70-232; s. 353, ch. 71-136.

The Florida statute says "any person in the district where a death occurs". Does that mean only deaths that occur in Florida? I think it does. JMO.

TIMELINE: Brian Laundrie's notebook confession brings Gabby Petito case to a close

Statutes & Constitution :View Statutes : Online Sunshine

 

[Balthazar]

This article is speculation but interesting:
Brian Laundrie's parents may be forced to hand over their phones in lawsuit

 

[RANCH]

What is a failure to state a claim in Florida? | Smith & Eulo Law Firm

Failure to state a claim allows the defendant to question the legality of a lawsuit. If someone serves you with a lawsuit and it is hard to understand the reason for the lawsuit, then the defendant can submit a failure to state a claim. The individual’s lawsuit must have a “cause of action” if it isn’t clearly stated then the defendant may send in a claim.

There are a few reasons why there will be a failure to state claim

• For a personal injury case, there is no measurable injury stated in the lawsuit.
• The plaintiff claimed the defendant broke the law but provided no evidence to back up their claim.
• The defendant had no contractual duty to complete the tasks asked by the plaintiff.
• The defendant broke no law or contract as claimed by the plaintiff.

The motion to dismiss for failure to state a claim is the court’s decision to dismiss a lawsuit due to it not stating a cause for action. This could be caused by a lack of evidence, no clear evidence of the violation or there were no laws broken.

I can see a motion to dismiss working in this case for a couple of reasons. Lack of evidence, no laws broken. We will see. JMO.

 

[Kristin Esq.]

In the lawsuit Gabby's parents are claiming that the Laundrie's "direct and proximate" actions caused them injuries. I'm not sure about that. Wouldn't Brian Laudrie's actions be the "direct and proximate cause" of their pain and suffering, mental anguish etc?


Can the plaintiffs prove "proximate cause" in this case?

'Beyond All Possible Bounds of Decency': Bombshell Lawsuit by Gabby Petito's Parents Claims Laundries Tried to Help Son Leave the Country After He Confessed to Murder

The Role Of “Proximate Causation” In Florida Personal Injury Cases

What they are claiming is that while BL is the initial cause, they furthered their injuries basically. They are the direct and proximate cause of the mental anguish of not knowing where their daughter was (if the Ls did know).

 

[RANCH]

What they are claiming is that while BL is the initial cause, they furthered their injuries basically. They are the direct and proximate cause of the mental anguish of not knowing where their daughter was (if the Ls did know).

I like to see how they can separate the pain and suffering they have because Brian killed Gabby from the pain and suffering they allege from the Laundries not talking to anyone.

Hypothetical. Let's say the Laundries had told them on August 28th that Brian confessed to killing Gabby. They would obviously have severe mental anguish from them providing that news. Could Gabby's parents sued them for that?

I'm confused with this lawsuit. What law or contract did the Laundrie's break? JMO.

 

[LMDlong]

It appears to me that Gabby's parents are looking not only for answers but to punish the Laundries.

The lawsuit has the "over $100,000.00" box checked. If they were only looking for answers they could have selected a smaller amount. JMO.

READ: Gabby Petito's parents lawsuit against Brian Laundrie's parents - East Idaho News

Start high go low. Yeah the want to blame someone and BL is gone. Sometimes to get answers you have to go to court. I don’t know if they will get any money or not. I pray this family will one day have peace.

 

[Kristin Esq.]

I like to see how they can separate the pain and suffering they have because Brian killed Gabby from the pain and suffering they allege from the Laundries not talking to anyone.

Hypothetical. Let's say the Laundries had told them on August 28th that Brian confessed to killing Gabby. They would obviously have severe mental anguish from them providing that news. Could Gabby's parents sued them for that?

I'm confused with this lawsuit. What law or contract did the Laundrie's break? JMO.

That's the $1,000,000 question! Let's see if this gets past a MTD (Motion to Dismiss).

 

[Nikynoo]

In the lawsuit Gabby's parents are claiming that the Laundrie's "direct and proximate" actions caused them injuries. I'm not sure about that. Wouldn't Brian Laudrie's actions be the "direct and proximate cause" of their pain and suffering, mental anguish etc?


Can the plaintiffs prove "proximate cause" in this case?

'Beyond All Possible Bounds of Decency': Bombshell Lawsuit by Gabby Petito's Parents Claims Laundries Tried to Help Son Leave the Country After He Confessed to Murder

The Role Of “Proximate Causation” In Florida Personal Injury Cases

Thanks for this, interesting reading.
Are the P's claiming that the L's knew GP was dead and where she was located and that they failed to advise them as soon as they enquired as to GP's whereabouts, therefore causing unnecessary (or prolonged) suffering.?

I would put the timeline for the 'unnecessary suffering' from the time the P's first asked that question of the L's to when GP was found deceased.

I still don't think there is a civil cause of action.

If the L's knew this information, then LE know that they knew. AND unless the L's lied to LE there is no criminal action either.

 

[Mike in WNY]

It really does seem as though the filing is fraught with weakness(es). So much so that there sure could be some unrevealed objective involved. Well, either that, or plain old legal impotence.

Some questions that come to my mind:
-Do the plaintiffs and their counsel think that the defendants will, upon the mere filing, suddenly reveal stuff... after all that has happened??
-Could it have been known/assumed/speculated that the judge assigned would be overly "courteous"/lenient/sympathetic to the plaintiffs?
-Is plaintiff's counsel simply going through some motions out of sympathy/empathy?
-Would/could the subject action be somehow endorsed - 0r even driven - by law enforcement?

 

[Wallendo]

I doubt this lawsuit will provide the closure GP's family wants. The only person who knows how and why this crime occurred is dead. The L's at most have second hand information from their son. If he confessed to them in any way, most likely it was a version of events in which the death was somehow Gabby's fault. IMHO, if the L's told us what they really heard from BL, most people would not believe it.

A post above quotes a lawyer talking about the L's phones being subpoenaed. The events in question happened 6 months ago. Do they still have the same phones? Would they leave incriminating texts and messages on their phones for 6 months?

My feeling is that if there is any negligence on the part of the L's, it would relate to BL's mysterious trip home shortly before the killing. Did the L's have any reason to suspect that BL was a risk to GP, and did they have a duty to notify her? There is no evidence of this, but I suspect his return home was related to the Moab incident in some way.

 

[Nikynoo]

Some questions that come to my mind:
-Do the plaintiffs and their counsel think that the defendants will, upon the mere filing, suddenly reveal stuff... after all that has happened??
-Could it have been known/assumed/speculated that the judge assigned would be overly "courteous"/lenient/sympathetic to the plaintiffs?
-Is plaintiff's counsel simply going through some motions out of sympathy/empathy?
-Would/could the subject action be somehow endorsed - 0r even driven - by law enforcement?

In answer to your questions:
1. If I had something that I didn't want the general public to know (and by releasing it to the P's either through discovery or by agreement, it would surely make its way into the public eye), I would settle if I could afford too. If I couldn't afford $$$, I woud release it to them under a confidentiality agreement with the P's liability for big $$ if they release it;
2. I think at the time of filing the P's would not know which judge they would get. I don't know about FL, but in states where we have filed or actions have been filed against us, the judge is not known until the case is assigned by the court clerk(?). In addition, I would imagine that any counsel acting on behalf of the L's would file a motion to dismiss - I think it would be difficult for any judge to circumvent law because he felt sorry for the P's;
3. I suspect it is merely to put pressure on the L's for some reason which will seem obvious to us once we know what it is! It may just a fishing expedition because either LE do not know or would not release that info to the P's, and the release of information through discovery may find a cause for a claim or it may not.
4. Possibly, but LE must have at least Brians phone records - which would show messages sent and received as well as calls made and received.

The complaint is not factually accurate in at least one place, which makes me think this is purely being lead by the P's. Who knows what their end game is.

ETA - I think LE has had access to the L's phone records also.

 

[Kristin Esq.]

Just checked the court filings, still no proof of service filed.

 

[Shamrock1]

I doubt this lawsuit will provide the closure GP's family wants. The only person who knows how and why this crime occurred is dead. The L's at most have second hand information from their son. If he confessed to them in any way, most likely it was a version of events in which the death was somehow Gabby's fault. IMHO, if the L's told us what they really heard from BL, most people would not believe it.

A post above quotes a lawyer talking about the L's phones being subpoenaed. The events in question happened 6 months ago. Do they still have the same phones? Would they leave incriminating texts and messages on their phones for 6 months?

My feeling is that if there is any negligence on the part of the L's, it would relate to BL's mysterious trip home shortly before the killing. Did the L's have any reason to suspect that BL was a risk to GP, and did they have a duty to notify her? There is no evidence of this, but I suspect his return home was related to the Moab incident in some way.

I am NOT a tech person. But I’ve had cases involving deleted, years-old messages. And I doubt Ps subpoena for phone records will go unchallenged. JMO.