SALT LAKE CITY (AP) — A judge in Utah has dismissed a wrongful death lawsuit filed by the parents of Gabby Petito against the city of Moab. The lawsuit claimed that police failed to properly intervene during a traffic stop, which Petito’s family believes could have protected her from the man who ultimately killed her just weeks later.
Plaintiff’s attorney Judson Burton contended that a state law preventing lawsuits against government entities is unconstitutional and indicated that they plan to appeal the decision. Meanwhile, Seventh District Court Judge Don Torgerson explained that while he could not rule on the constitutionality of the law, that matter may be addressed by the Court of Appeals, as reported by KSL-TV.
The family of Petito remarked that the dismissal was anticipated, stating, “We never expected this to be an easy battle and are hopeful that the Utah Supreme Court will uphold the original intent of the Utah Constitution to allow for claims of wrongful death in these circumstances.”
Gabby Petito, 22, was on a cross-country trip in a converted camper van with her fiancé, Brian Laundrie, 23, documenting their journey on social media. They were stopped by police in Moab on August 12, 2021, following a report of a man assaulting a woman. During the encounter, police identified Petito as the aggressor and mandated that they spend the night apart.
Petito’s family last heard from her in late August 2021, and they reported her missing on September 11, after Laundrie returned to Florida without her. The search for her drew widespread attention, igniting interest from amateur sleuths who scoured social media for information. Additionally, the case brought to light discussions regarding media and police biases towards missing persons, particularly regarding the disparity in coverage between missing white women and women of color.
After Petito’s body was discovered near Grand Teton National Park in Wyoming on September 19, 2021, authorities confirmed she died by strangulation. Laundrie was named a person of interest in her death, but he vanished two days prior to the discovery of her remains. After an extensive search, his body was found in a wildlife reserve in Florida a month later, and it was determined he died from a self-inflicted gunshot wound. Notably, a notebook belonging to Laundrie contained confessions regarding Petito’s death.
An independent inquiry revealed that Moab police made “several unintentional mistakes” during their encounter with the couple. Investigators concluded that Petito was likely a long-term victim of domestic violence, which may have included physical, mental, and emotional abuse.
In their lawsuit filed in November 2022, Petito’s parents sought $50 million in damages from the Moab Police Department. Burton shared that during the police interaction, Gabby had communicated with her parents, informing them that although she felt okay, the police were handling the situation. The attorney claimed that the parents placed their trust in law enforcement, which ultimately failed to provide adequate protection for their daughter.
Burton criticized the officers for showing leniency towards Laundrie, suggesting their friendly demeanor could have emboldened him. He noted that even while one officer recognized the potential risks of domestic violence, the response was still inadequate.
On the other hand, Mitchell Stephens, the attorney for the Moab Police Department, argued for the dismissal of the lawsuit based on governmental immunity, insisting that any claims linking Moab’s actions to Petito’s death are speculative. He emphasized that the couple left Moab together and continued traveling, asserting that “Moab is not liable for criminal conduct that occurred a month later in a different state. Brian Laundrie is the sole cause of Gabby Petito’s death,” he said.
