In a groundbreaking legal battle, the parents of Gabby Petito are challenging the state’s wrongful death laws to hold the Moab Police Department accountable for their daughter’s tragic death. Gabby’s story is one of heartbreak and missed opportunities, as law enforcement’s mishandling of a domestic violence situation left her vulnerable to the abusive actions of Brian Laundrie. Now, her parents are fighting for justice, urging the Utah Supreme Court to overturn a 1996 precedent (Tiede v. State) that limits wrongful death claims against governmental entities.
In 2021, Gabby and her fiancé Brian Laundrie were pulled over by Moab police after an altercation was reported. Despite Gabby’s distress, officers failed to identify her as the victim, allowing the situation to escalate. Gabby was tragically killed shortly afterward, and her parents are now seeking to overturn existing legal barriers that prevent families from holding government entities accountable for their wrongful death. They argue that the 1965 Governmental Immunity Act, which shields the state from lawsuits in such cases, is unconstitutional and goes against the intent of Utah’s original constitutional protections.
On November 20, 2024, the district court dismissed the Petitos’ case, citing the Tiede ruling, but Gabby’s family is determined to see justice served. They have appealed to the Utah Supreme Court, hoping to change the law to prevent future victims of domestic violence from slipping through the cracks of an inadequate system. Their courage and resilience in this ongoing legal fight are poised to have a lasting impact on the state’s approach to law enforcement and governmental accountability.
By Judson Burton, ESQ. – January 31, 2025
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