Can Gabby Petito's parents file a wrongful death lawsuit against Moab City police? Utah's highest court will soon hear arguments.

Utah’s highest court will soon hear arguments whether the parents of Gabrielle "Gabby" Petito can bring a wrongful death lawsuit against the Moab City Police Department for failing to protect the Blue Point woman from Brian Laundrie, the man who killed her several weeks after the couple's traffic stop interaction with law enforcement.

Petito, 22, was traveling across the country in a converted camper van with Laundrie, her 23-year-old fiance, and posting about the trip on social media.

They were stopped by Moab police on Aug. 12, 2021, after a witness reported Laundrie slapping Petito near Arches National Park. Moab police determined that Petito was the aggressor, and officers had them spend the night apart.

Petito's body was found on Sept. 19, 2021, just outside Grand Teton National Park in Wyoming. Authorities determined she had been strangled and Laundrie, who later took his own life, confessed to killing Petito in a notebook found after his death.

'Justice for Gabby'

In November of 2024, Utah District Judge Don M. Torgerson dismissed a wrongful death lawsuit brought by Joseph Petito and Nichole Schmidt, Petito's parents, against Moab police seeking $50 million in damages.

The judge cited Utah's Governmental Immunity Act barring lawsuits, in certain circumstances, against government agencies.

Petito's parents appealed and the Utah Supreme Court this week agreed to hear oral argument in the case beginning March 4.

"We are hopeful that the court allows our case to go forward, allowing us to seek justice for Gabby," Schmidt told Newsday in a statement. "We believe that accountability is an important part of ensuring that other victims of domestic violence receive the protection and help they deserve

Brian Stewart, an attorney for the Petito family, said Utah's Constitution provides protections for individuals bringing wrongful death claims.

"While the Utah's Governmental Immunity Act required dismissal of our claims against a governmental entity like Moab, we are confident that the court will find that the Utah Constitution is controlling and protects every citizen’s right to hold even government entities accountable for the wrongful death of a loved one," Stewart said.

Mitchell Stephens, an attorney representing the Moab Police Department, did not respond to requests for comment.

He previously said it's speculative to argue that Moab police could have saved Petito's life, noting that the couple left Moab together and continued traveling before Laundrie killed her weeks later.

"Moab is not liable for criminal conduct that occurred a month later in a different state" Stephens said after the district court dismissal. "Brian Laundrie is the cause of Gabby Petito’s death."

'Deeply flawed' investigation

Petito and Laundrie, a fellow Bayport-Blue Point High School graduate, left Long Island in July 2021 in a white van destined for the West Coast. The pair documented their travels for social media, including a video blog curated by Petito.

The witness who called 911 in Moab reported seeing Laundrie slapping Petito while chasing her down the sidewalk. Another witness reported seeing Laundrie "talking aggressively" to Petito and that "something seemed off."

Police stopped the van after observing the vehicle speeding, swerving and crossing a double yellow line, according to the wrongful death lawsuit.

Body camera footage from Moab police in the aftermath of the traffic stop showed a distraught Petito describing to officers how Laundrie had violently grabbed her during the earlier altercation, causing cuts on her cheek and arm.

Laundrie told officers the couple had been under emotional strain and admitted pushing Petito but only after she had attempted to slap him, the lawsuit states.

The officers determined that Laundrie — not Petito — was the victim of domestic violence, at one point placing Petito in a patrol car and directing them to stay apart for a night, according to body camera footage of the interaction.

The wrongful death suit blames Petito's death on the "deeply flawed" investigation by Moab police and contends the department failed to properly train officers in assessing signs of domestic violence.

Petito's parents last heard from her in late August and reported her missing on Sept. 11, 2021, after Laundrie returned to Florida alone.

The search for Petito drew worldwide attention, with amateur sleuths scouring social media for clues or signs of her appearance.

The FBI named Laundrie a "person of interest" in her homicide, but he died from a self-inflicted gunshot wound before he could potentially be charged.

His remains were found Oct. 20, 2021, in a Florida nature preserve. Law enforcement recovered a notebook in which Laundrie admitted killing Petito.

An independent investigation found Moab police made "several unintentional mistakes" when they encountered the couple.

In their report, investigators said Petito very likely "was a long-term victim of domestic violence, whether that be physically, mentally, and/or emotionally."

In November 2022, a Florida judge awarded Petito's family $3 million after a settlement in a wrongful death lawsuit against the Laundrie estate.

And in 2024, the Petitos reached an undisclosed financial settlement in their emotional distress lawsuit against Laundrie's parents. 

By Robert Brodsky

robert.brodsky@newsday.com@BrodskyRobert

Robert Brodsky is a breaking news reporter who has worked at Newsday since 2011. He is a Queens College and American University alum.