SALT LAKE CITY, UT — The law firm representing the family of Gabby Petito say the Utah Supreme Court scheduled oral argument in their wrongful death case.
It has been March 4 at 10 a.m.
The oral argument will be conducted live in the Supreme Court courtroom. Members of the public may also watch the proceedings online through the Utah Supreme Court’s live stream.
The case stems from the legal challenge to dismiss Petito's family’s lawsuit against the Moab City Police Department and some of its officers over their handing of the traffic stop the slain Long Islander was involved in with her fiance, Brian Laundrie, who is believed by the Federal Bureau of Investigation to have killed her.
In November 2024, the family’s wrongful death action was dismissed under Utah’s governmental immunity framework, a decision that was appealed, "and now presents important constitutional and public-policy questions for the state’s highest court," the law firm stated in a news release.
Petito's family and their legal team remain steadfast in their pursuit of justice for Gabby and in seeking clarity from the Utah Supreme Court regarding municipal liability and the constitutional right to recover for wrongful death, according to the release.
Judson Burton, an appellate attorney for Petito's family, said the briefing "underscores" the case’s "significance for the future of Utah law."
"Alongside submissions from the Petito family and Moab City, numerous amici, including local governments and the State of Utah, have weighed in," he said. "Collectively, these filings sharpen the merits of the Petito family’s position, and we are confident that at oral argument, the Justices will recognize that Utah’s Constitution protects every citizen’s right to hold even government entities accountable for the wrongful death of a loved one.”
In a statement, the Petito family said: “While we miss Gabby every day, the continued love and support we feel gives us strength. We look forward to this next important step, but regardless of the outcome, will remain determined to seek justice for her and to advocate for other victims and their families."
In a statement to Patch, Moab City officials said: “While we feel profound sympathy for Gabrielle Petito’s family members, it is undeniably clear that Moab City Police officers are not responsible for Brian Laundrie’s decision to murder his fiancée in Wyoming, some 400 miles away, and weeks after the couple left Moab.”
“Millions of tourists visit Moab, a city of approximately 5,000 people, each year,” the statement continued. “In 2021, Ms. Petito and Laundrie were two such tourists. When Moab’s officers interacted with Ms. Petito, they did so with kindness, respect, and empathy. The officers also separated Ms. Petito from Mr. Laundrie for the night. The following day, the couple voluntarily reunited and left Moab – like millions of other tourists before and since.”
“The city stands behind the Moab Police Department. The district court dismissed the lawsuit, and the City will continue to defend that outcome on appeal to the Utah Supreme Court,” the statement concluded.
This story will be updated. Check back later.
Source: https://patch.com/new-york/patchogue/lawyers-wrongful-death-case-filed-gabby-petitos-family-argue-supreme-court-utah
