Found Deceased WY - Gabrielle ‘Gabby’ Petito, 22, Grand Teton National Park, 25 Aug 2021 #85

[NCWatcher]

The Story Behind Life Story Rights​

https://uslawgroupinc.com/the-story-behind-life-story-rights/

Thanks for the article. That clarifies a few things. Several posts have referred to "the rights" to both BL and GP's life stories but I just wasn't getting how dead people can have those sorts of rights.

It sounds like the value in getting "the rights" for a book or movie about a real person is mainly to avoid the headache of a lawsuit. Even one that gets tossed costs money and time (like in the Perfect Storm failed lawsuits mentioned.) But it still doesn't really sound like an estate matter, at least not in most states-- in the case of a dead person it's probably a next-of-kin matter? Which isn't exactly the same as an estate matter. If the next-of-kin sell the rights they didn't get them from the estate-- they got them by relationship to the dead person. I'm also surprised next-of-kin can sell the rights to a dead person's life as they don't really own them in the usual sense of owning something. I guess they aren't really selling the rights though-- they are selling their right to sue (even if a lawsuit is unlikely to be successful.)
JMO

 

[Nikynoo]

IMO, these lawsuits filed by GPs parents, says a lot about that family's dynamics.

 

[Gemmie]

IMO, these lawsuits filed by GPs parents, says a lot about that family's dynamics.

How so?

 

[Nikynoo]

How so?

I have not read the wrongful death suit and can sort of understand that.
The other claim against the Laundries, just seems vexatious to me and all about $$$$. I suspect that ALL of the information that the FBI gleaned during their investigation has found its way into the P's hands one way or another - I strongly doubt that anything in that claim is true - and was not checked by FBI.

Both families lost their children. It just seems to me (especially reading that claim against the Laundries) - that the P's want to L's to suffer because of what their son did. Just does not sit right with me.

 

[Megnut]

I think P's just want to sit down and talk with L's. And L's are continuing to exercise their rights to silence so P's are exercising their rights to file civil suits. It may be their only way to get answers.

I'd want answers. Namely which day she died.

JMO

 

[Kristin Esq.]

Does anyone have the link for the docket on the wrongful death suit?

 

[NCWatcher]

It's odd a copy of the wrongful death lawsuit doesn't appear anywhere easy to find. It's not even referenced on the court site, ClerkNet 3.0. But news stories quote from it and say it was filed in Sarasota County. Maybe the P's attorney sent copies to news bureaus?

It looks like NBC is reporting the suit is about possession of Brian's notebook and other papers. The lawyers from both sides seem to concur. (Link below) Of course, IF anyone was given the notebook by LE there's no reason it would have gone to the P's. I'm not sure though what would have stopped the L's from having previously destroyed it and any other writings of BL's IF the FBI returned them and IF they wanted to.

If the FBI told the P's anything at all in that final conference I'd think they would have been told what the note in the notebook said. After all, the public was told that note said B "took responsibility" for GP's death (Whatever that means.) So it's not clear to me why they want the notebook. But unlike @Megnut I've seen no evidence the P's just want to talk to the L's either. Maybe I missed it but other than calls and texts that one day in Sept, I've seen no evidence the P's have tried to make contact. I personally think the suits are to punish the L's. And maybe one way to punish the L's is to take away the last known thing their dead son wrote? Especially if the note was written to the L's? Or there were other writings to the L's in the notebook?

In the link below the court-appointed administrator of B's estate seems to say BL's estate appears to be quite small. But the P's lawyer said he was confident the P's would "secure" the notebook and other materials. I admit I don't know how lawsuits work when they "take someone for all he's got." I always thought "everything" meant money or tangible objects of value (with state laws appropriately protecting some property.) But maybe with an estate it means literally everything including the decedent's old socks & underwear, photos, books, and stray scraps of scratch paper with doodles. (I do know though those ordinary items with low or no monetary value are not itemized in required inventories for estate filings in NC.)

Finally I'm confused the wrongful death suit is being brought by NS as GP's administrator yet the damages sought appear to be for harm to the P's. The above link says the suit says "Nichole Schmidt and Joseph Petito incurred funeral and burial expenses, and they have suffered a loss of care and comfort, and have suffered a loss of probably [sic] future companionship, society and comfort." I don't see why the P's aren't acting as plaintiffs instead of Gabby's estate. Since they are likely the beneficiaries of anything of Gabby's it may not matter in the end but it seems odd to me. But maybe that's how Florida law works.

Gabby Petito family's lawsuit likely an effort to get Brian Laundrie's notebook, lawyers say

BTW-- Early reports that the L's were asking for $30K appear to be wrong. Reports now seem to say they are asking for "in excess" of $30K. @Shamrock1 had said not to pay to much attention to the exact figure and that warning appears to have been correct.
JMO

 

[Nikynoo]

I think P's just want to sit down and talk with L's. And L's are continuing to exercise their rights to silence so P's are exercising their rights to file civil suits. It may be their only way to get answers.

I'd want answers. Namely which day she died.

JMO

Why would the L's know what day Gabby died? I would think that the P's have more knowledge around the circumstances and timings than the L's do. Would the FBI not have shared this information with them?

 

[Kristin Esq.]

It's odd a copy of the wrongful death lawsuit doesn't appear anywhere easy to find. It's not even referenced on the court site, ClerkNet 3.0. But news stories quote from it and say it was filed in Sarasota County. Maybe the P's attorney sent copies to news bureaus?

It looks like NBC is reporting the suit is about possession of Brian's notebook and other papers. The lawyers from both sides seem to concur. (Link below) Of course, IF anyone was given the notebook by LE there's no reason it would have gone to the P's. I'm not sure though what would have stopped the L's from having previously destroyed it and any other writings of BL's IF the FBI returned them and IF they wanted to.

If the FBI told the P's anything at all in that final conference I'd think they would have been told what the note in the notebook said. After all, the public was told that note said B "took responsibility" for GP's death (Whatever that means.) So it's not clear to me why they want the notebook. But unlike @Megnut I've seen no evidence the P's just want to talk to the L's either. Maybe I missed it but other than calls and texts that one day in Sept, I've seen no evidence the P's have tried to make contact. I personally think the suits are to punish the L's. And maybe one way to punish the L's is to take away the last known thing their dead son wrote? Especially if the note was written to the L's? Or there were other writings to the L's in the notebook?

In the link below the court-appointed administrator of B's estate seems to say BL's estate appears to be quite small. But the P's lawyer said he was confident the P's would "secure" the notebook and other materials. I admit I don't know how lawsuits work when they "take someone for all he's got." I always thought "everything" meant money or tangible objects of value (with state laws appropriately protecting some property.) But maybe with an estate it means literally everything including the decedent's old socks & underwear, photos, books, and stray scraps of scratch paper with doodles. (I do know though those ordinary items with low or no monetary value are not itemized in required inventories for estate filings in NC.)

Finally I'm confused the wrongful death suit is being brought by NS as GP's administrator yet the damages sought appear to be for harm to the P's. The above link says the suit says "Nichole Schmidt and Joseph Petito incurred funeral and burial expenses, and they have suffered a loss of care and comfort, and have suffered a loss of probably [sic] future companionship, society and comfort." I don't see why the P's aren't acting as plaintiffs instead of Gabby's estate. Since they are likely the beneficiaries of anything of Gabby's it may not matter in the end but it seems odd to me. But maybe that's how Florida law works.

Gabby Petito family's lawsuit likely an effort to get Brian Laundrie's notebook, lawyers say

BTW-- Early reports that the L's were asking for $30K appear to be wrong. Reports now seem to say they are asking for "in excess" of $30K. @Shamrock1 had said not to pay to much attention to the exact figure and that warning appears to have been correct.
JMO

I had checked the Clerk 3.0 site as well, and didn't see anything either. Without seeing the pleading, I'm wondering if the Plaintiff's are GP's estate, as well as her parents. I tried to just google the pleading, and I came up with the same article that you posted, but not the actual pleading. However, I only did a cursory search last night. I'll try to keep looking today.

I agree with with @Shamrock1, I never pay attention to amounts in pleadings because usually there's a strategy behind that number.

 

[Mike in WNY]

Does anyone have the link for the docket on the wrongful death suit?

Though it's entirely possible that I don't understand for what you're looking... but, isn't the wrongful death thing embedded in this news piece(?).

Gabby Petito's mother files new lawsuit against estate of Brian Laundrie

Nichole Schmidt, the mother of deceased Gabby Petito, on Friday filed a new wrongful death lawsuit in Florida against the curator of the estate of deceased Brian Laundrie.

www.foxnews.com

 

[Megnut]

Why would the L's know what day Gabby died? I would think that the P's have more knowledge around the circumstances and timings than the L's do. Would the FBI not have shared this information with them?

Let me ask it this way.

If P's want to see -- not own, just see -- the notebook, how would they go about it?

If P's want to recover funeral costs for a grossly wrongful death, how would they do that?

They've been unable to speak, parents to parents, this whole time. Yes, the L's were within their rights to lawyer up, remain silent, take legal counsel, refuse direct communication, etc, but that does create a block on a human level.

Whatever answers, whatever settlement, P's truly want, we"re only left with this volley of motions because that's how our system works. It's adversarial.

I think P's have been a class act. I think they're seeking cooperation but are stuck with a system that is adversarial.

If Brian had lived, there'd have been a trial. He'd presumably have been found guilty.

If P's then sued him civilly, even just to recover funeral expenses (plus all the unfair, unexpected costs this grossly wrongful death exacted upon them -- loss of wages, travel expenses, etc, etc) and for pain and suffering, including future loss, I don't think we'd see this cruel backlash we're seeing now. In fact, we'd expect it. Simpsons, Goldmans.

Brian caused Gabby's death. IMO the victims (the P's) are entitled to sue Brian's estate, likely probated to his next of kin, to recover damages.

That's not greedy. It's hardly profitable. Criminal courts have their place and so do civil courts. It's monetized, that's just the way it is.

It's a modicum of fairness after a grossly wrongful death.

Me, I'd need to see the notebook.

So I could put it to rest.

P's lost a beautiful life, irretrievably. This just doesn't seem like too much to ask.

JMO

 

[NCWatcher]

Though it's entirely possible that I don't understand for what you're looking... but, isn't the wrongful death thing embedded in this news piece(?).

Gabby Petito's mother files new lawsuit against estate of Brian Laundrie

Nichole Schmidt, the mother of deceased Gabby Petito, on Friday filed a new wrongful death lawsuit in Florida against the curator of the estate of deceased Brian Laundrie.

www.foxnews.com

Wow. So this suit claims BL took his own life on or around Oct 20? His DoD doesn't really matter but that doesn't seem consistent with the final ME report. But I guess it needs to be a late date to be consistent with the claim made in the other lawsuit that the L's were hiding him so he could escape abroad.
JMO

 

[Mike in WNY]

Let me ask it this way.

If P's want to see -- not own, just see -- the notebook, how would they go about it?

If P's want to recover funeral costs for a grossly wrongful death, how would they do that?

They've been unable to speak, parents to parents, this whole time. Yes, the L's were within their rights to lawyer up, remain silent, take legal counsel, refuse direct communication, etc, but that does create a block on a human level.

Whatever answers, whatever settlement, P's truly want, we"re only left with this volley of motions because that's how our system works. It's adversarial.

I think P's have been a class act. I think they're seeking cooperation but are stuck with a system that is adversarial.

If Brian had lived, there'd have been a trial. He'd presumably have been found guilty.

If P's then sued him civilly, even just to recover funeral expenses (plus all the unfair, unexpected costs this grossly wrongful death exacted upon them -- loss of wages, travel expenses, etc, etc) and for pain and suffering, including future loss, I don't think we'd see this cruel backlash we're seeing now. In fact, we'd expect it. Simpsons, Goldmans.

Brian caused Gabby's death. IMO the victims (the P's) are entitled to sue Brian's estate, likely probated to his next of kin, to recover damages.

That's not greedy. It's hardly profitable. Criminal courts have their place and so do civil courts. It's monetized, that's just the way it is.

It's a modicum of fairness after a grossly wrongful death.

Me, I'd need to see the notebook.

So I could put it to rest.

P's lost a beautiful life, irretrievably. This just doesn't seem like too much to ask.

JMO

To me, all of that and pretty much anything else is 'not too much to ask.' It is, however, in my opinion, far to much to 'expect.'

Surely, if the now-plaintiffs simply wanted to sit down and talk with the now-defendants, there may be no better way to ensure that does not happen than to commence formal legal action.

Another element of the notebook thing - if it even really plays into what the plaintiffs want - would be the pedestrian legibility of the items contents. While some (presumably) sophisticated analysis may have revealed what was written, I'm not convinced that the plaintiffs might be able to just sit down at a table and read the thing. Further, if they wanted to see it, I'd like to know if they asked the authorities for it... and, if so, I'm guessing they were told 'no.' If they didn't ask, why not?

I'm highly skeptical that the plaintiffs are attacking simply for information. Maybe. Anything is possible. Their (legal) actions speak far more about their character than anything I've seen in the last year or so.

 

[Mike in WNY]

Wow. So this suit claims BL took his own life on or around Oct 20? His DoD doesn't really matter but that doesn't seem consistent with the final ME report. But I guess it needs to be a late date to be consistent with the claim made in the other lawsuit that the L's were hiding him so he could escape abroad.
JMO

Add that to the mountain of stuff the plaintiffs will potentially have to explain/prove.

 

[Nikynoo]

Wow. So this suit claims BL took his own life on or around Oct 20? His DoD doesn't really matter but that doesn't seem consistent with the final ME report. But I guess it needs to be a late date to be consistent with the claim made in the other lawsuit that the L's were hiding him so he could escape abroad.
JMO

remember that Dod is when the body is found UNLESS the date can be determined at autopsy. In this case there was no time frame because of the state of the remains.

 

[Nikynoo]

wrongful death complaint here. @Kristin Esq.

 

[Nikynoo]

Let me ask it this way.

If P's want to see -- not own, just see -- the notebook, how would they go about it?

If P's want to recover funeral costs for a grossly wrongful death, how would they do that?

They've been unable to speak, parents to parents, this whole time. Yes, the L's were within their rights to lawyer up, remain silent, take legal counsel, refuse direct communication, etc, but that does create a block on a human level.

Whatever answers, whatever settlement, P's truly want, we"re only left with this volley of motions because that's how our system works. It's adversarial.

I think P's have been a class act. I think they're seeking cooperation but are stuck with a system that is adversarial.

If Brian had lived, there'd have been a trial. He'd presumably have been found guilty.

If P's then sued him civilly, even just to recover funeral expenses (plus all the unfair, unexpected costs this grossly wrongful death exacted upon them -- loss of wages, travel expenses, etc, etc) and for pain and suffering, including future loss, I don't think we'd see this cruel backlash we're seeing now. In fact, we'd expect it. Simpsons, Goldmans.

Brian caused Gabby's death. IMO the victims (the P's) are entitled to sue Brian's estate, likely probated to his next of kin, to recover damages.

That's not greedy. It's hardly profitable. Criminal courts have their place and so do civil courts. It's monetized, that's just the way it is.

It's a modicum of fairness after a grossly wrongful death.

Me, I'd need to see the notebook.

So I could put it to rest.

P's lost a beautiful life, irretrievably. This just doesn't seem like too much to ask.

JMO

The wrongful death claim is not about the notebook, but about compensating loss (both financial and emotional).

I would imagine if they wanted to see the notebook, this 'could' have been provided at the P's meeting with the FBI however, I am not sure whether there are any privacy policies in the US that would prevent that happening. Apparently, from another post up thread, privacy continues after death, so I cannot see that if information is protected by privacy law, disclosure through a civil suit would automatically follow.

The wrongful death claim is a way of recovering loss, including funeral expenses, and of course, this would be from the estate of BL, BUT, there needs to be funds in that estate to be able to pay any claim. Don't forget that BL's estate needs to pay for BL's funeral costs and any associated expenses associated to that, as well as attorney/estate administrator costs. A jury may award damages in excess of the amount in the estate - what then? I truly do not think that these civil claims will heal Gabby's parents.

 

[NCWatcher]

remember that Dod is when the body is found UNLESS the date can be determined at autopsy. In this case there was no time frame because of the state of the remains.

Ok. I don't think I really knew that so it was jarring to see a claim BL took his life on or around Oct 20. And I've never heard anyone say Gabby's DoD was Sept 19. The ME couldn't narrow that down any more than 3-4 weeks before the autopsy. So her DoD was the day she was found too?

 

[Sundog]

Let me ask it this way.

If P's want to see -- not own, just see -- the notebook, how would they go about it?

If P's want to recover funeral costs for a grossly wrongful death, how would they do that?

They've been unable to speak, parents to parents, this whole time. Yes, the L's were within their rights to lawyer up, remain silent, take legal counsel, refuse direct communication, etc, but that does create a block on a human level.

Whatever answers, whatever settlement, P's truly want, we"re only left with this volley of motions because that's how our system works. It's adversarial.

I think P's have been a class act. I think they're seeking cooperation but are stuck with a system that is adversarial.

If Brian had lived, there'd have been a trial. He'd presumably have been found guilty.

If P's then sued him civilly, even just to recover funeral expenses (plus all the unfair, unexpected costs this grossly wrongful death exacted upon them -- loss of wages, travel expenses, etc, etc) and for pain and suffering, including future loss, I don't think we'd see this cruel backlash we're seeing now. In fact, we'd expect it. Simpsons, Goldmans.

Brian caused Gabby's death. IMO the victims (the P's) are entitled to sue Brian's estate, likely probated to his next of kin, to recover damages.

That's not greedy. It's hardly profitable. Criminal courts have their place and so do civil courts. It's monetized, that's just the way it is.

It's a modicum of fairness after a grossly wrongful death.

Me, I'd need to see the notebook.

So I could put it to rest.

P's lost a beautiful life, irretrievably. This just doesn't seem like too much to ask.

JMO

I agree with most of what you say about the system being adversarial and so if the P's are seeking some recourse, they have no other choice but to work within the system, absent a relationship with the L's that might provide them with some of the information they are seeking.

However, I do not believe that they have the right to BL's notebook, which is like asking to see someone's diary. I believe that is a personal and private legacy that his next of kin should be allowed to keep private if they choose to do so.

Also, the L's also lost a life, irretrievably, their son. The L's did not take GP's life, BL did.

I wonder if the Court can ask for mediation to settle the civil lawsuit. Seems to me that this would be a first step, and less costly and adversarial for both families, and worth an attempt to have the matter resolved that way. Whether it would work or not, would of course remain to be seen. But if a judge required a good faith effort before proceeding with a trial/hearing, perhaps the P's might be persuaded to give it a try, with a mediator provided by the Court.

 

[NCWatcher]

The wrongful death claim is not about the notebook, but about compensating loss (both financial and emotional).

I would imagine if they wanted to see the notebook, this 'could' have been provided at the P's meeting with the FBI however, I am not sure whether there are any privacy policies in the US that would prevent that happening. Apparently, from another post up thread, privacy continues after death, so I cannot see that if information is protected by privacy law, disclosure through a civil suit would automatically follow.

The wrongful death claim is a way of recovering loss, including funeral expenses, and of course, this would be from the estate of BL, BUT, there needs to be funds in that estate to be able to pay any claim. Don't forget that BL's estate needs to pay for BL's funeral costs and any associated expenses associated to that, as well as attorney/estate administrator costs. A jury may award damages in excess of the amount in the estate - what then? I truly do not think that these civil claims will heal Gabby's parents.

BBM

I wouldn't have thought the wrongful death suit was about the notebook either. But the attorney who filed the suit for NS (Reilly) was quoted in the NBC article as seeming to confirm an important goal the P's have is possession of Brian's notebook and other writings that belonged to BL. He said "We will eventually get Brian Laundrie’s notebook and writings."

So the idea the notebook was key wasn't raised by some anonymous "legal expert" or even worse, a retired FBI agent. Of course, I guess the attorney could have been misquoted but that's kind of a big-deal misquote! Or I guess he could have said that for some strategic reason even though it's not true. In both suits jury trials are envisioned and I guess it's never too early to try to influence the jury pool.

I would have thought the P's would have been told what the note in the notebook said. But if that was considered "too private" to reveal, I wonder what the FBI did tell the P's about other aspects of the case? Many here have opined the FBI gave the P's lots of info but maybe not.
JMO