Is lying to protect your son from a potential murder charge “beyond all bounds of decency," “odious," and “utterly intolerable in a civilized community"?
That's the question a Florida court will have to answer in a lawsuit brought by Gabby Petito's parents, Joseph Petito and Nicole Schmidt, against the parents of Brian Laundrie, Christopher and Roberta Laundrie, and their lawyer, Steven Bertolino.
The Disappearance of Gabrielle Petito
In a case that made international headlines, Gabby Petito and Brian Laundrie were on a cross-country road trip to further her goal of becoming a social media influencer. After Gabby vanished, Laundrie was named a person of interest in her disappearance before he disappeared. On September 19, 2021, Gabby's body was found in a national forest in Wyoming. A month later, Laundrie's body was discovered in a park in Sarasota County, Florida. Laundrie allegedly left a note in which he claimed responsibility for Gabby's death.
Petito's parents have sued Laundrie's parents and their lawyer for intentionally causing them severe emotional distress. According to the complaint, Gabby's parents last heard from her on August 27, 2021. Two days later, Laundrie's parents received a frantic call from their son in which he said that Gabby was “gone" and that he needed a lawyer. Laundrie returned to his parent's Florida home on September 1, 2021. The next day, his parents contacted Bertolino and sent him a retainer.
What Did Brian Laundrie's Parents Know?
So the implication is that by September 2, 2021, Laundrie's parents knew both that Gabby was dead and that Laundrie had a hand in Gabby's death. Yet while Gabby's parents were frantically searching for her, Laundrie's parents cut off communication and went on a family vacation.
But it wasn't just that they were breathtakingly insensitive. On September 14, 2021, Laundrie's parents issued a statement through Bertolino in which they said, “On behalf of the Laundrie family it is our hope that the search for Miss Petito is successful and that Miss Petito is reunited with her family." It's their expression of hope that Gabby be found, while allegedly knowing that she was dead, that is the crux of the lawsuit.
Note that this is a civil trial, not a criminal one. If the facts alleged in the lawsuit are accurate, a case could potentially be made that Brian's parents may have committed a crime. However, criminal charges have not been filed by either state or federal authorities.
Intentional Infliction of Emotional Distress
Gabby's parents face an uphill battle. To recover for intentional infliction of emotional distress under Florida law, you need to prove four elements:
- The wrongdoer's conduct was intentional or reckless;
- the conduct was “outrageous," defined as “beyond all bounds of decency," “odious and utterly intolerable in a civilized community";
- the conduct caused emotional distress; and
- the emotional distress was severe.
Three of these elements seem pretty easy to prove. The first, intent or recklessness, can be established by circumstantial evidence. The content of the phone call — that Gabby was gone and that Laundrie needed a lawyer — along with the parent's hiring one and then terminating communication with Gabby's parents imply that Laundrie's parents knew their son had done something bad to Gabby.
The third and fourth elements also seem straightforward. Any parent would be in agony wondering where their beloved child was and if she was okay, so most wouldn't argue about whether their emotional distress was severe. And if Laundrie's parents covered up Gabby's death and misled Gabby's parents by saying that they hope she is found, you could conclude that their conduct caused emotional distress.
Is Lying to Protect Your Child, "Outrageous"?
The problem they face is proving the second element. It's not enough that the conduct be “outrageous." They must show that it is “beyond all bounds of decency" and “odious and utterly intolerable in a civilized community." This is about as high a standard is it gets. Assuming for the purpose of argument that Laundrie's parents did know that their son had killed Gabby, Gabby's parents have to persuade the judge that lying to protect their son is beyond the pale.
And when it's phrased that way, it's hard to say it is. People lie all the time. A parent could almost be expected to lie to protect their kid. Is such a lie “odious"? “Utterly intolerable in a civilized community"? Not if others could reasonably be expected to do it. Sadly, they could be.
Don't get us wrong — we do not in any way condone what Laundrie's parents allegedly did. If they did know their son had killed Gabby, you could argue that they are horrible people. It's just that the legal standard for showing “outrageousness" is so high.
May Gabby Rest in Peace
Our prediction? The judge dismisses the case at the early stages.
We hope that Gabby's parents can get justice, solace, and eventually peace in some other way.
Related Resources:
- Intentional Infliction of Emotional Distress (FindLaw's Learn About the Law)
- Laundrie Attorney Offers 'Confidential' Settlement Proposal to Gabby Petito's Parents (WFLA News Channel 8 Tampa)
- Who Is Gabrielle Petito? (The New York Times)
