Brian Laundrie's parents launch bid to DISMISS lawsuit from Gabby Petito's parents

A lawyer for Brian Laundrie's parents has responded to a motion from Gabby Petitio's side to have another Laundrie family attorney listed as a defendant in their case.

In a response filed by their current attorney Matthew Luka on Tuesday, Laundrie's parents argue that having their former lawyer Steven Bertolino added as a co-defendant in the suit against them would pit them against each other.

Petito's parents, Joseph Petito and Nichole Schmidt, allege that the Laundrie's family lawyer, Steven Bertolino, knew their daughter was dead when he made a public statement about the search for her.

Bertolino said in September 2021 that the Laundrie family hoped 'the search for Miss Petito is successful and that Miss Petito is reunited with her family.'

Petito, 22, was strangled on a road trip with Laundrie in Wyoming in the summer of 2021. Her mother and father earlier sued their daughter's killer boyfriend and his parents, Christopher and Roberta Laundrie, over her death.

A month after her body was discovered, Brian Laundrie was found dead of a self-inflicted gunshot wound in Myakkahatchee Creek Environmental Park in North Port, Florida. 

Laundrie's parents argue that having their former lawyer Steven Bertolino (pictured) added as a co-defendant in the suit against them would pit them against each other 

'This amendment would create the unusual circumstance of clients being codefendants with an attorney who currently represents them,' wrote an attorney for Laundrie's parents (pictured) in a response submitted to the court on Tuesday

Luka filed the response in opposition to Petito's motion on January 3 in the Sararsota County Court in Florida, around a month after the original motion was filed.

'This amendment would create the unusual circumstance of clients being codefendants with an attorney who currently represents them,' wrote the attorney.

He added: 'Pitting the Laundries and Mr. Bertolino as co-defendants undoubtedly creates a conflict because both have an interest in defending themselves to the potential detriment of the other.

'It invades the relationship between attorney and client which is a foundational principle of our legal system.'

Gabby Petito, 22, was strangled on a road trip with her boyfriend Brian Laundrie in Wyoming last summer

Gabby Petito's parents, Joseph Petito and Nichole Schmidt, pictured together in June 2022 

The original lawsuit alleged that Laundrie's parents were aware that their son had killed Petito and were not being forthcoming. 

A statement released last month by Petito's parents said: 'When they did choose to speak, it was through statements issued by Steven Bertolino.'

It continued: 'It is believed that at the time the September 14, 2021 statement was issued, the Laundries and Steven Bertolino knew that Gabby Petito was deceased, and that under those circumstances, the statement was insensitive, cold-hearted and outrageous.'

'The Laundries should be able to defend this case without worrying whether their attorney will take an antagonistic position against them,' Luka wrote in Tuesday's filing. 

Petito's family has long alleged that Laundrie's family they knew their son killed their daughter after he returned to their Florida home alone - and tried to help him flee authorities

Steve Bertolino said earlier this year that Christopher and Roberts Laundrie (pictured at their Florida home in September 2021) 'did everything the right way, and they have no regrets'

The crux of his argument was that if the court were to allow Bertolino to be added it would be a breach of attorney-client privilege.

'By attempting to add Mr. Bertolino as a defendant, Plaintiffs are effectively invading the attorney-client privilege by putting Mr. Bertolino in an untenable conflict between his duty to his clients and his right to defend himself in a lawsuit.

However, he also suggested it was important that Bertolino made the statement last September in the process of trying to defend Brian Laundrie, who was his client at the time.

'Mr. Bertolino was Brian Laundrie's attorney as well as counsel for his parents.' he wrote.

'And, Mr. Bertolino made the statement that is the crux of the cause of action at issue in the course of his representation of all three Laundries. Mr. Bertolino did not make that statement in a vacuum, nor did it come out of the blue.'