The young woman was killed by her boyfriend as they traveled across the country last summer.
Wednesday a judge will decide whether that claim by the Gabby’s family should move forward in court.
“The Laundries should be responsible, for their conduct and what they did after they knew that Gabby was dead and where her body was located,” said Patrick Reilly, Petito Family Attorney.
The Petito family filed a civil lawsuit against Brian Laundrie’s parents Christopher and Roberta Laundrie.
The Petito family says the Laundries caused them pain, suffering, and mental anguish because they allege the Laundries knew Brian had killed Gabby for at least a week before her family reported her missing.
Gabby’s family says that’s why the Laundries cut off communication with Gabby’s mother.
“They refused to return calls and then they blocked her on her cell phone and blocked her on Facebook,” Reilly said.
The Laundries are seeking to dismiss the Petitos case.
Their lawyer says the lawsuit is baseless.
“”You have the right to remain silent. You have the right to allow your lawyer to speak for you. And you should not be liable to any third party, whether it’s the family of the victim or whether it’s a victim,” said Steve Bertolino, Laundrie Family Attorney.
A judge in Florida will decide whether he’s right or whether the Petitos have enough evidence to pursue legal action and send the case to a jury.
“The lawyer for the Laundries makes a fair point which is, as a legal matter you don’t legally provide information to help in an investigation and to sue over that is very unusual very hard to win,” said Dan Abrams, ABC News Chief Legal Analyst. “The lawsuit is pretty broad and pretty vague which is why today’s hearing becomes so essential if enough here as a legal matter to send this to a jury.”
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Gabby Petito’s family faces off against Brian Laundrie’s parents in court