Gabby Petito’s mom files lawsuit against Brian Laundrie’s estate

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Gabby Petito's mom files lawsuit against Brian Laundrie's estate

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. 

The lawsuit, which seeks wrongful death damages of $30 million, states that Laundrie intentionally killed Petito, and as a direct result of his conduct, Schmdit and Joseph Petito, Gabby Petito’s father, “incurred funeral and burial expenses, and they have suffered a loss of care and comfort, and suffered a loss of probable future companionship, society and comfort.”

The complaint also demands a trial by jury and judgment for compensatory damages.

The curator of Laundrie’s estate, Barry Spivey, told Fox News Digital that one of his primary functions as a limited curator “is to accept service of a summons on that lawsuit,” but he has “absolutely no responsibility to respond to it.”

“They needed somebody to accept service of process, but once that’s done, I’m done with it,” he said of the complaint.

The new lawsuit comes after Schmidt and Petito filed a civil lawsuit in Florida alleging that Laundrie’s parents, Chris and Roberta Laundrie, were aware that their son killed their daughter and attempted to help him flee justice. Laundrie family attorney Steven Bertolino filed a motion to dismiss the lawsuit on March 30, arguing that there are no facts to support their claims of “intentional infliction of emotional distress.” 

Petito and Laundrie were traveling cross-country over the summer in Petito’s van before her parents reported her missing on Sept. 11. Laundrie had returned to their North Port, Florida, home in Petito’s van without her on Sept. 1. He and his parents did not share any information with law enforcement at the time and referred officials to their attorney.

Gabby Petito and Brian Laundrie
The FBI has not closed their investigation on Brian Laundrie’s alleged involvement in Gabby Petito’s death.
North Port/Florida Police/Handout via REUTERS
This Aug. 12, 2021 file photo from video provided by the Moab, Utah, Police Department shows Brian Laundrie talking to a police officer after police pulled over the van he was traveling in with his girlfriend, Gabrielle "Gabby" Petito
Nichole Schmidt and Joseph Petito accused Chris and Roberta Laundrie of plotting their son’s escape from authorities.
The Moab Police Department via AP, File
Police camera footage shows Gabby Petito traveling with Brian Laundrie during a pullover near Arches National Park in Utah on August 12, 2021.
The curator of Laundrie’s estate says he has “absolutely no responsibility” for Petito’s disappearance and death.
The Moab Police Department via AP

The FBI found Petito’s remains at a dispersed campground area within the Bridger-Teton National Forest in Wyoming on Sept. 19. Teton County Coroner Brent Blue later announced that she had died of homicide by strangulation three to four weeks before her remains were discovered.

Laundrie was subsequently listed as a person of interest in Petito’s killing. The FBI, additionally, issued a warrant for Laundrie on debit card fraud charges. The FBI and local law enforcement officials focused their search for Laundrie in the Myakkahatchee Creek Environmental Park and T. Marby Carlton Jr. Memorial Reserve in Florida, where his parents believe he went the last time they saw him on Sept. 13.

The FBI discovered Laundrie’s remains and a note in Myakkahatchee Creek park in October. He died of a self-inflicted gunshot wound and admitted to killing Petito in the note, the agency announced months later.

Tara Petito (left) and Joe Petito react during a news conference about Gabby Petito’s disappearance in North Port, Florida on September 16, 2021.
Tara and Joe Petito react during a news conference about Gabby disappearance in North Port, Florida, on Sept. 16, 2021.
Octavio Jones/Getty Images
A makeshift memorial dedicated to Gabby Petito is set up near City Hall in North Port, Florida.
A makeshift memorial dedicated to Gabby Petito is set up near City Hall in North Port, Florida.
Octavio Jones/Getty Images
Police camera footage shows Gabby Petito traveling with Brian Laundrie during a pullover near Arches National Park in Utah on August 12, 2021.
Police bodycam footage shows Petito crying during an incident with Laundrie near Arches National Park in Utah on Aug. 12, 2021.
The Moab Police Department via AP

The FBI’s investigation has not been formally closed.

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