Utah judge dismisses lawsuit filed by Gabby Petito's parents against Moab police
A Utah judge dismissed a wrongful death lawsuit filed by Gabby Petito's parents against the Moab Police Department alleging its officers didn't do enough to protect their daughter during a traffic stop.
Joseph Petito and Nicole Schmidt, Gabby Petito’s father and mother, along with their spouses sued the Moab Police Department for $50 million in 2022. The lawsuit was filed “to honor Gabby’s legacy by demanding accountability and working for change in the system to protect victims of domestic abuse and violence and prevent such tragedies in the future,” according to previous reporting.
In November, Seventh District Court Judge Don M. Torgerson dismissed the case under a Utah law which bars lawsuits from being filed against government agencies.
The family in a statement said that while the ruling may feel like a setback, it was not unexpected. They also intend to appeal the decision before the Utah Supreme Court.
“We never anticipated that this would be an easy process and look forward to the Utah Supreme Court upholding the Utah Constitution's original intent to preserve the right to recover for wrongful death claims under these circumstances,” the statement reads. “We remain committed to pursuing justice for Gabby and thank the many people who have continued to support us in that fight."
Brian Stewart, an attorney for the family, added the hope is that the Supreme Court will overturn its precedent, thus affording the state’s citizens “the protection intended by the state’s founders.”
“In so doing, we will show that the guarantees in Utah’s Constitution codifies the understanding that no one, whether a private citizen or governmental entity, enjoys immunity from suit when negligently causing another’s death,” Stewart said.
During the traffic stop, 22-year-old Petito and Laundrie, 23, were on a cross-country van trip. Moab City police pulled the van over after observing it swerving and hitting a curb near Arches National Park.
Body cam footage that was released showed Petito was visibly shaken and crying, explaining to officers that she and Laundrie had been fighting. The two were separated for the night but reunited to continue on their road trip the next day.
Petito was later reported missing by her family before she was found dead from strangulation near Grand Teton National Park in Wyoming in September 2021. Laundrie had returned home to Florida before disappearing. His remains were found on Oct. 20, 2021, in Myakkahatcchee Creek Park in North Port. He died by suicide, leaving a note confessing to killing Petito.
When the lawsuit was initially filed against the Moab Police Department, Stewart said new witnesses had come forward with evidence that "add new dimension and understanding to how the officers performed in their investigation and their treatment of Gabby that day."
Moab City officials released a statement, according to KSL.com, that they recognized Petito's death as a tragedy and are sympathetic toward the family, but plan to defend their officers who acted with respect and empathy toward Petito.
Mitchell Stephens, an attorney representing the Moab City Police Department, said the Court’s ruling confirmed that the city’s officers were not liable for the tragedy that happened weeks after Petito and Laundrie left the city and were more than 400 miles away.
“As you are aware, the Court dismissed the case against Moab in its entirety,” Stephens said. “The Court correctly recognized that result was required by more than 125 years of binding, legal precedent. Moab appreciates the Court’s preparation and adherence to established law.”
Stephens echoed what city officials had said previously about the officers responding to the Aug. 12, 2021, call "with kindness and respect.”
The defense's motion to dismiss the lawsuit states that the Governmental Immunity Act of Utah precludes Moab officials from being held accountable for Laundrie's crimes.
The motion states the police department didn't cause Petito's engagement to Laundrie, influence her to remain with him after the traffic stop and continue to drive to Wyoming, or have influence on Laundrie's criminal conduct weeks after the stop.
The lawsuit was one of several Gabby Petito's parents had filed since her death. Two other lawsuits filed in Sarasota County have since concluded, including a judge awarding the family $3 million for a wrongful death lawsuit against the estate of Brian Laundrie.
In February, Joseph Petito and Nicole Schmidt reached a settlement with Brian Laundrie's parents, Christopher and Roberta Laundrie.
Gabby Petito's parents sued the Laundries — as well as their attorney, Steve Bertolino — for negligence, alleging they knew details of their daughter's murder and helped their son conceal information from law enforcement.
Gabriela Szymanowska covers the legal system for the Herald-Tribune in partnership with Report for America. You can support her work with a tax-deductible donation to Report for America. Contact Gabriela Szymanowska at gszymanowska@gannett.com, or on X: @GabrielaSzyman3.