Gabby Petito's Family Appeals Utah Court Ruling In Wrongful Death Case

SALT LAKE CITY, UT — Attorneys for the family of Gabby Petito have filed an appeal in their wrongful death case against the City of Moab.

Petito, a native Long Islander, was strangled to death by her fiancé, Brian Laundrie, weeks after they were pulled over in a traffic stop following a domestic violence incident. Her family charges that officers from the city's police department did not follow the proper protocol in handling the traffic stop, and if they had she might be alive today.

Christine Durham, appellate counsel for the Petito family, said "there is confusion in Utah precedent regarding liability for wrongful death, preserved in Utah’s constitution, and the scope of immunity for municipalities."

"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," she said in the statement. "We expect that we can show that the defendant is mistaken in its view of the history of municipal liability and the history and meaning of the wrongful death clause."

In a statement, Petito's family said that "while this will be our family's 4th 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."

"We express gratitude for the outpouring of support we continue to feel and pray that we may all enjoy the blessing of holding our children and loved ones a little closer this holiday season.”

Petito family attorney, Brian Stewart of the law firm of Parker and McConkie, stated: "Though the Utah Supreme Court could transfer the case to the Utah Court of Appeals, we anticipate that the Supreme Court will retain the case to address the constitutionality of Utah's governmental immunity act, which bars wrongful death claims arising from domestic violence."

"We look forward to the opportunity to present arguments before the Utah Supreme Court to resolve these important issues," he added.

Moab City's attorney Mitchell Stephens could not be immediately reached for comment.

Bodycam footage shows a distraught Petito following a physical fight that she had with Laundrie while the two were on a "Van Life" road trip three years ago.

Witnesses reported seeing Laundrie slapping her, and after the pair took off in her van, it bumped into a curb and they were pulled over by police.

During her interview with officers, Petito admitted to slapping Laundrie and was nearly arrested as the main aggressor, but the officers opted not to charge her and instead deemed the incident a mental health crisis before separating them for the night.

Laundrie is believed to have strangled Petito to death 16 days after the domestic violence incident on Aug. 28, 2021.

Back in April, the city moved to dismiss the lawsuit brought by Petito's parents, Joseph Petito, and Nichole Schmidt, by invoking immunity under the Utah Governmental Immunity Act under the argument that the department cannot be held liable for Petito's death because she was slain by Laundrie.

The immunity defense was previously challenged under a wrongful death clause in the 1996 case of Tiede v. State, in which the Utah Supreme Court upheld the constitutionality — something that the Moab City's attorneys are relying on, Petito's family's attorney, Brian Stewart, previously told Patch.

After an independent review of the traffic stop found there were unintentional mistakes, the city released a statement credited the officers for showing "kindness, respect, and empathy in their handling of this incident."

"As the Moab City Police Department continues its daily mission to serve our community, efforts are underway to provide additional resources and tools to assist them in addressing domestic violence incidents," the statement continued.

Officials said that it has been recommended that the incident report be made more complete and they intend to implement the recommendation, as well as the others cited in the report.

"The City of Moab sends our sincere condolences to the Petito family," the statement read. "Our hearts go out to them as they continue to deal with the tragic loss of their daughter."

When Petito, a 23-year-old Blue Point native, did not respond to her mother, Nichole Schmidt, by phone, she filed a missing persons report with Suffolk County police on Sept. 10, 2021, sparking a massive inter-state search.

Laundrie, who by then had returned in Petito's van to his parents' house in Florida, refused to cooperate with investigators and ended up going into a nearby swamp where investigators say he shot himself.

In a notebook later found near his remains, Laundrie claims to have carried out a mercy killing, by strangling Petito because she was in so much pain after falling into a ravine.

Petito's remains were found near Grand Teton National Park on Sept. 19, 2021.
In the three years since her death, her family has championed the cause of domestic violence.