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Jury trial set for May 2024 after judge denies motion to dismiss Petito lawsuit

Gabby Petito's parents are suing for emotional distress, claiming the Laundrie family knew Brian Laundrie killed Gabby and intentionally withheld information.

NORTH PORT, Fla. — A judge on Thursday denied a motion to dismiss civil lawsuits by Gabby Petito's parents against Chris and Roberta Laundrie, Brian Laundrie's parents, which now sets them up for a jury trial in 2024.

Judge Danielle Brewer denied the motion to dismiss the lawsuit for the Laundrie parents and their attorney, Steven Bertolino, stating Petito's parents made valid claims of emotional distress against them, records show. Gabby Petito's parents also accuse the Laundrie family of withholding knowledge that their son Brian had killed Gabby Petito.

Bertolino argues that he did not act with intent to cause severe emotional distress or with reckless disregard like the suit claims, and further states he was "acting as the Laundries' attorney and exercising their legal rights in a permissible way."

The court further determined that none of their claims were enough to dismiss the lawsuit. The decision is another win for the Petito family. In November 2022, a judge ruled in favor of Gabby's family in a wrongful death lawsuit against Brian Laundrie's estate. The final judgment from the 12th Judicial Circuit Court awards the family $3 million from his estate, court documents show. 

The trial against the Laundrie family and their attorney, Bertolino, is set to begin on May 13, 2024. A pre-trial conference is scheduled ahead in March 2024.

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