Gabby Petito case: Laundrie family attorney files motion to dismiss lawsuit from victim's parents

Steven Bertolino filed a motion to dismiss a civil lawsuit from the parents and stepparents of slain travel blogger Gabby Petito Wednesday.Bertolino filed his 20-page motion on Wednesday asking a Florida judge to drop the lawsuit with prejudice, arguing that there are no facts to support their claims of "intentional infliction of emotional distress." He further asked that the judge prevent the Petito-Schmidt families from filing an amended lawsuit should his dismissal request be granted.

Clients Chris and Roberta Laundrie were exercising their constitutional right to remain silent, Bertolino wrote. "The gravamen of the claimed wrongdoing is that the Laundries exercised their constitutional rights and essentially made no statements to Plaintiffs or law enforcement," the motion states. "While the [Petito-Schmidt families] allege some facts, those facts could never establish a claim for intentional infliction of emotional distress because the Laundries’ ‘actions’ were legally permissible, constitutionally protected, not outrageous, and do not give rise to any cause of action."RELATED: Gabby Petito's family files lawsuit against Brian Laundrie's parents, claims they knew Brian murdered GabbyHe added that the families' "failure to state a cause of action in the Complaint provides ample basis to conclude that the Plaintiffs would not be able to add the missing—but required—information if provided with another opportunity to bolster their allegations."The Petito and Schmidt families filed a civil lawsuit in Florida alleging that Brian Laundrie’s parents, Chris and Roberta Laundrie, were aware that their son killed their daughter and attempted to help him flee justice.Bertolino called the lawsuit "baseless and frivolous" and.