The family of Gabby Petito filed an appeal last week with the Utah Supreme Court, seeking to overturn a lower court’s dismissal of their wrongful death lawsuit against the Moab City Police Department.
The lawsuit stems from the August 2021 encounter between Gabby Petito and her fiancé, Brian Laundrie, and Moab City police officers.
The officers responded to a domestic disturbance call involving the couple but ultimately allowed them to continue their trip, despite evidence of a volatile relationship. Gabby Petito was later found murdered in Wyoming, and her death was ruled a homicide.
The Petito family alleges that the Moab City police officers failed to properly investigate the domestic disturbance and that their negligence contributed to Gabby’s death. However, a lower court dismissed the lawsuit, citing Utah’s governmental immunity law, which shields municipalities from certain types of lawsuits.
The family is now appealing that decision to the Utah Supreme Court, arguing that the lower court misapplied the law and that the state’s governmental immunity act should not bar wrongful death claims arising from domestic violence incidents.
“There is confusion in Utah precedent regarding liability for wrongful death, preserved in Utah’s constitution, and the scope of immunity for municipalities,” said Christine Durham, appellate counsel for the Petito family. “It is important that the Utah Supreme Court have an opportunity to review the legal and constitutional history and clarify what was intended by the framers where negligence by any actor results in the loss of life.”
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The Petito family remains committed to seeking justice for Gabby and pushing for changes that could protect others from similar tragedies.
“While this will be our family’s fourth Christmas without our precious daughter, Gabby, we remain as committed as ever to pursuing justice for her and meaningful change that will protect other victims from suffering similar tragedies in the future,” the family said in a statement.
The family’s attorney, Brian C. Stewart, anticipates that the Utah Supreme Court will retain the case to address the constitutionality of the state’s governmental immunity act.
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