NORTH PORT, Fla. - 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. RELATED: Gabby Petito family's lawsuit against Brian Laundrie's parents will head to jury trial in 2023, courts sayThe 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.RELATED: New court filing says Brian Laundrie's parents knew Gabby was dead before family trip to Fort DeSotoThe 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.