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Utah Supreme Court schedules arguments in Petito family’s case against the Moab Police Department

Attorneys for the Petito family said police should have recognized the signs and symptoms of a domestic violence crisis.

(Trent Nelson | The Salt Lake Tribune) The parents of Gabby Petito discussed their lawsuit against the Moab Police Department at a news conference in Salt Lake City on Thursday, Nov. 3, 2022. From left, attorney Brian Stewart, Jim and Nichole Schmidt and Tara and Joe Petito.

The family of Gabby Petito will have their case against the Moab Police Department heard in front of the Utah Supreme Court, the law firm representing the family announced.

Oral arguments in the case are scheduled for March 4, according to Parker & McConkie.

The case stems from a legal challenge to the dismissal of the Petito family’s wrongful death lawsuit against the Moab Police Department and certain officers in the department. That lawsuit was dismissed in November 2024 under Utah’s governmental immunity framework.

(Moab Police Department) Gabrielle “Gabby” Petito talks to a police officer after police pulled over the van she was traveling in with her boyfriend, Brian Laundrie, near the entrance to Arches National Park on Aug. 12, 2021.

The Petito family has claimed that if officers had followed the law, Gabby would still be alive. They also believe officer negligence contributed to Petito’s death.

“The Petito 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,” the law firm wrote in a statement.

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