Found Deceased WY - Gabby Petito, Grand Teton National Park #87

[nao]

Moo .they were adults, they had an intimate close relationship. Normal but then it went sideways, Gabby is dead, Brian is dead. For those of you that support the Pepito's when do you think, it is ok to sue other parents? I really have so much respect for people who accept and have empathy for the other family in times like this.
No body was beaten when the cops talked with them, the police are there to de-escalate situations. She was not beaten, he was not beaten. They were adults like all the other sadness we read on websleuths...moo

 

[Cool Cats]

If this case does go to trial jury selection will be how it's decided.

If the jurors selected only look at the facts and keep their emotions out of how they come to their decision I feel that the plaintiffs will fail in gaining a judgement.

Now if you are correct and the jurors are using their emotions to decide the case and find the Laundries disgusting, selfish and possibly evil then the plaintiffs will probably prevail.

Personally I feel that civil cases should be decided on the facts. Just like criminal cases are. JMO.

The judge himself talks about the emotion in this case.
This is a Civil Case not a Criminal Case. Emotional damage is part of many Cvil Cases, this one included.

Take the emotion out and you have no case.

Yes take the emotion out of a Criminal Case and weigh the cold hard pieces of evidence, but the Petito's are suing for emotional damage in a Civil Lawsuit.

Petito family wins right to sue Laundries for emotional distress

A judge has denied a motion to dismiss a civil lawsuit stemming from the death of Gabby Petito at the hands of her fiancé, Brian Laundrie.

www.courttv.com

Petito family wins right to sue Laundries for emotional distress​

Gabby’s parents claim intentional infliction of emotional distress by the Laundries.......

Judge Hunter Carroll repeatedly asked about the legal duty that the Laundries had to volunteer any information they had to Schmidt and Petito.

The Laundries’ lawyer stated that they had no legal obligation to speak up to Schmidt and Petito.....

However, the judge pointed out, that the Laundries had spoken publicly, through attorney Steven Bertolino...... “On behalf of the Laundrie family, it is our hope that the search for Miss Petito is successful and that [she] is reunited with her family.

“If the facts of this case truly were about silence,” the judge’s opinion continues, “the Court would have resolved this case in the Laundries’ favor.”

“Because the Laundries’ statement by their attorney is objectively outrageous,” the judge wrote, “the Court concludes that Plaintiffs have stated causes of action for intentional infliction of emotional distress against the Laundries.”

 

[Trooper]

I do think it is appropriate to sue 'other parents' in the circumstances the Pepito's found themselves, one entirely not of their own making, but entirely, and absolutely instigated, executed and covered up and avoided by 'other parent's ' sons.

Communities, whether we like to think we belong in one or not, we share roads, and electricity and water, and laws, and municipal organisations, rubbish collections, street sweeping, and so on , hospitals, schools, theatres, shopping centres, etc.. none of us, and particularly not the Laundries, live on their own private island, unencumbered by the obligation of social adhesion, social reciprocation and above all, our children do not live on their own private island either.

Empathy is not what is being asked here. The Laundries want permission and approval to run their lives and their son's life , such as it was, with their own made up rules and regulations without the social obligations that a community, a town, a city, a state ,a nation , require to operate. We cannot all go off on our own tangent, not even if we are lucky enough to live on our own island, at some stage we might need the LifeSavers Boats to come and rescue us, in a typhoon.

There has to be an underlining agreement that some things are just done. That some behaviours are just not done as the rent and tear and ripping to the social cohesion that keeps us mostly safe is not damaged beyond repair. I reckon the Laundries did not adhere to the unspoken and rational expectations that we ought to expect ordinary people to display.

JMO.

 

[Deleted member 39678]

Moo .they were adults, they had an intimate close relationship. Normal but then it went sideways, Gabby is dead, Brian is dead. For those of you that support the Pepito's when do you think, it is ok to sue other parents? I really have so much respect for people who accept and have empathy for the other family in times like this.
No body was beaten when the cops talked with them, the police are there to de-escalate situations. She was not beaten, he was not beaten. They were adults like all the other sadness we read on websleuths...moo

I have to wonder what Gabby's family thought when she sent photos to them showing the injuries inflicted on her by BL.

It appears that Gabby did reach out to her family for help after the Moab DV incident. They decided that local police would protect Gabby from further problems with BL.

I'm not sure why anyone would think that police will protect you from DV. LE are not bodyguards that provide 24 hr protection for someone who has a violent partner. They will respond when called but often it's too late.

JMO.

 

[Deleted member 39678]

The judge himself talks about the emotion in this case.
This is a Civil Case not a Criminal Case. Emotional damage is part of many Cvil Cases, this one included.

Take the emotion out and you have no case.

Yes take the emotion out of a Criminal Case and weigh the cold hard pieces of evidence, but the Petito's are suing for emotional damage in a Civil Lawsuit.

Petito family wins right to sue Laundries for emotional distress

A judge has denied a motion to dismiss a civil lawsuit stemming from the death of Gabby Petito at the hands of her fiancé, Brian Laundrie.

www.courttv.com

Petito family wins right to sue Laundries for emotional distress​

Gabby’s parents claim intentional infliction of emotional distress by the Laundries.......

Judge Hunter Carroll repeatedly asked about the legal duty that the Laundries had to volunteer any information they had to Schmidt and Petito.

The Laundries’ lawyer stated that they had no legal obligation to speak up to Schmidt and Petito.....

However, the judge pointed out, that the Laundries had spoken publicly, through attorney Steven Bertolino...... “On behalf of the Laundrie family, it is our hope that the search for Miss Petito is successful and that [she] is reunited with her family.

“If the facts of this case truly were about silence,” the judge’s opinion continues, “the Court would have resolved this case in the Laundries’ favor.”

“Because the Laundries’ statement by their attorney is objectively outrageous,” the judge wrote, “the Court concludes that Plaintiffs have stated causes of action for intentional infliction of emotional distress against the Laundries.”

I think the evidence has to show that the plaintiffs suffered emotional distress caused solely by the defendants. Not that emotions are facts. JMO.

 

[Cool Cats]

I think the evidence has to show that the plaintiffs suffered emotional distress caused solely by the defendants. Not that emotions are facts. JMO.

No one has to prove in court that emotions are facts because it has already been established that emotions are a fact of the human condition. This is getting a bit hyper-focused.

The judge will spell it out for the jury on how to weigh emotional damages, if the plaintiffs prove their case. Jury has to believe that the Laundries deliberately withheld information. 2 Cents

 

[nao]

Moo.. so this case is about Gabbies parents emotions. Well that makes more sense, it is not about their daughter it is about them...moo

 

[Cool Cats]

Moo.. so this case is about Gabbies parents emotions. Well that makes more sense, it is not about their daughter it is about them...moo

I think we can assume that Gabbie's parents were emotionally upset over their daughter being 'gone' and that it is all about the loss and panic and fear over what happened to their daughter. A parent's worst nightmare made worse by the games people play. 2 Cents

Too bad Brian's parents didn't turn him in, he would likely be alive if they had. 2 Cents

 

[Deleted member 39678]

No one has to prove in court that emotions are facts because it has already been established that emotions are a fact of the human condition. This is getting a bit hyper-focused.

The judge will spell it out for the jury on how to weigh emotional damages, if the plaintiffs prove their case. Jury has to believe that the Laundries deliberately withheld information. 2 Cents

I'm sorry that I'm being hyper-focused. I'll try not to do that in the future.

 

[Trooper]

Moo.. so this case is about Gabbies parents emotions. Well that makes more sense, it is not about their daughter it is about them...moo

It could be said, that it is about the capacity and choice of the Laundrie's to extend and enlarge and prolong the agony of the Petito's for no discernable reason. Their daughter's capacity to suffer is over, having suffered the ultimate suffering one can have inflicted upon one, by the Laundrie's son, but they, the Laundries, decided to pretend they knew Gabby was alive, and that any search for her would be successful, knowing she was dead and left to rot in a National Park way out west somewhere. They should never have pretended to be concerned and 'hopeful' when hope was gone.

And that no one should be given licence to inflict that kind of suffering on anyone, anytime.

 

[MyBelle]

I have to wonder what Gabby's family thought when she sent photos to them showing the injuries inflicted on her by BL.

It appears that Gabby did reach out to her family for help after the Moab DV incident. They decided that local police would protect Gabby from further problems with BL.

I'm not sure why anyone would think that police will protect you from DV. LE are not bodyguards that provide 24 hr protection for someone who has a violent partner. They will respond when called but often it's too late.

JMO.

BBM. I totally agree.

This is a case where both parties were abusive and combatant with one another. LE can't protect anyone from domestic violence. That is why they tell people to take their police report to the court and try to obtain an EOP.

The fact that Gabby's family knew of the abuse on Aug. 12 and did nothing for two more weeks will blow this case right out of the water. If not by a jury, by an appellate court on appeal.

JMO

 

[Cool Cats]

I'm sorry that I'm being hyper-focused. I'll try not to do that in the future.

I didn't mean you personally, I only meant in general, myself included. I can be like a dog on a bone when it comes to emotional subjects.........here I go again!

I think differing views are good. I need to be more open minded sometimes.

 

[Trooper]

BBM. I totally agree.

This is a case where both parties were abusive and combatant with one another. LE can't protect anyone from domestic violence. That is why they tell people to take their police report to the court and try to obtain an EOP.

The fact that Gabby's family knew of the abuse on Aug. 12 and did nothing for two more weeks will blow this case right out of the water. If not by a jury, by an appellate court on appeal.

JMO

In all sincerity, I cannot follow that logic that the P's are in any way compromised by Gabby's choice to continue on the journey with Brian. It was a bad decision, but women far older and wiser make worse ones every day of the year, this was her project. Not in her wildest calculations could she have foreseen Brian's determination to murder her, and most likely, the actions of the Moab police would have underscored her inability to see things clearly, she probably thought she was to blame up until her last breath. Women do, horrifically.

Where as, the Laundries chose to be deceptive with their message of hope and good luck in the search for Gabby. Plainly deceptive and deceptive in a particularly vicious and vile way... prolonging the agony of terrified parents. That one message they directed Bertolini to send on their behalf will sink them deeper than the Mariana Trench.

 

[Trooper]

Just to give credence that I am not completely heartless, I do think that dreadful deceptive message Bertolino sent to the P's was mostly his idea, his wierd idea of public relations, considering the backlash the Laundrie's were receiving, some would say, me one of them, rightly so, and perhaps the Laundrie's were not thinking straight at that moment. They wanted two bites of the cherry, to be deceptive about what they knew and to present themselves as a pair of ordinary Joe's just bidding good luck in someone's basketball match.

Things snowball, like they did for Brian, he murderers Gabby, then he has to interfere with her corpse, then he has to lie to strangers, then steal the van, then steal the credit cards, then lie to Mum and Dad , to begin with etc... . you can be stoic and say nothing, and appear to know nothing, but you can't 'redeem' yourself by sending a good luck and hopey, feeley message to the people who's daughter is missing, suspected murdered by your son. You just can't.

 

[katydid23]

If this case does go to trial jury selection will be how it's decided.

If the jurors selected only look at the facts and keep their emotions out of how they come to their decision I feel that the plaintiffs will fail in gaining a judgement.

It is kind of hard to keep emotions out of it, when the plaintiffs are suing for 'emotional distress.'

Now if you are correct and the jurors are using their emotions to decide the case and find the Laundries disgusting, selfish and possibly evil then the plaintiffs will probably prevail.

Again, the case involves deciding if the plaintiffs endured 'emotional distress' because of the actions of Brian's parents. So emotions will come into play here.

Personally I feel that civil cases should be decided on the facts. Just like criminal cases are. JMO.

Facts and emotions are not enemies of each other. JMO

 

[steeltowngirl]

BBM. I totally agree.

This is a case where both parties were abusive and combatant with one another. LE can't protect anyone from domestic violence. That is why they tell people to take their police report to the court and try to obtain an EOP.

The fact that Gabby's family knew of the abuse on Aug. 12 and did nothing for two more weeks will blow this case right out of the water. If not by a jury, by an appellate court on appeal.

JMO

Seems unfair to say they did nothing. What should her parents have done?

“Petito’s parents tried to get her a flight home, but she declined. They say in the lawsuit that they trusted the police to do what was needed.”

Moab officer was ‘biased’ against Gabby Petito because of his past, her parents claim in new lawsuit

One of the police officers who questioned Gabby Petito in Moab was “fundamentally biased” against her, claims a new lawsuit filed by Petito's parents.

www.sltrib.com

 

[TL4S]

Unfortunately, I think SB used a language loophole, as many attorneys do. The "... hope she is found and reunited with her family..." is not specific to her being alive. I see that terminology used all the time with regards to human remains returning for their loved ones to bury.

We know SB looked for an attorney in Teton Co., but do we know if either he or the parents knew her exact body location? If BL told his parents or SB he was in Jackson Hole when he called, they would logically get an attorney there. If BL didn't tell anyone the body location (and perhaps SB immediately told him not to, including SB himself), then that could have given SB leeway to make that statement without lying. Searchers were looking in the Teton area already, anyway.

I'm not saying any of this was morally sound...

 

[girlhasnoname]

Who can dictate morality? It is based largely in part upon an individuals Genetics, Religion, Upbringing, Politics, and Philosophy. Everyone's perception of morality is going to differ.

I do think, personally, the Laundries should have shared the information they had with the Petitio family. This was a young woman who had been a part of their lives for quite some time, a young woman who had lived, loved and laughed in their home, and was a fiancé to their son. There was an established relationship between them.

I do believe they caused undo emotional duress and pain to the Petitio family by not sharing the information as soon as they had it, which may have led to Gabby's remains being found sooner, and possibly the prevention of their own son's suicide.

Ultimately, the person responsible for Gabby's murder is Brian Laundrie. He took the easy way out by ending his own life instead of facing the Petitos and the justice system for the crime of murder of someone he supposedly loved. He left the Petito family with so many unanswered questions, I doubt they'll ever find peace. I also think the Laundries will never find true peace for their actions either.

JMO

 

[ExpectingUnicorns]

I have to wonder what Gabby's family thought when she sent photos to them showing the injuries inflicted on her by BL.

It appears that Gabby did reach out to her family for help after the Moab DV incident. They decided that local police would protect Gabby from further problems with BL.

I'm not sure why anyone would think that police will protect you from DV. LE are not bodyguards that provide 24 hr protection for someone who has a violent partner. They will respond when called but often it's too late.

JMO.

RBBM.

RANCH, apparently Gabby's family did not discover the photo on her cell phone until after she had died.

"The selfie was found on Petito’s cell by her parents after she was killed . . . "

Newly released photo appears to show Gabby Petito documenting her injuries before talking to Moab police

Family attorneys have released a photo that appears to show Gabby Petito documenting her injuries from a domestic violence assault before police talked to her in Moab.

www.sltrib.com

 

[CrimeDawg123]

Moo .they were adults, they had an intimate close relationship. Normal but then it went sideways, Gabby is dead, Brian is dead. For those of you that support the Pepito's when do you think, it is ok to sue other parents? I really have so much respect for people who accept and have empathy for the other family in times like this.
No body was beaten when the cops talked with them, the police are there to de-escalate situations. She was not beaten, he was not beaten. They were adults like all the other sadness we read on websleuths...moo

It's simple - the Laundries had information they for whatever reason, withheld. The Petitos lawsuit alleges they suffered harm because of that. It's not like they were just two grieving families with their kids killed by a drunk driver or something. One's grief was made so much worse by the insensitive, boorish, and narcissistic actions of the other.