A Utah judge on Wednesday dismissed a wrongful death lawsuit filed by the parents of murder victim Gabby Petito against the city of Moab, Utah, focusing on governmental immunity and jurisdiction limitations.

The lawsuit stemmed from an incident involving Moab police in August 2021, and Petito's family plans to challenge the dismissal decision as it pursues accountability for the events leading to her death, as Newsmax reports.

In August 2021, Gabby Petito, 22, and her fiancé, Brian Laundrie, were stopped by Moab police following reports of a domestic disturbance.

During the traffic stop, police identified Petito as the aggressor, leading them to separate the couple for the night. A month later, Laundrie returned to Florida alone, prompting Petito's family to report her missing on Sept. 11.

Petition Details and Dismissal Reasons

Petito's body was discovered on Sept. 19, 2021, near Grand Teton National Park in Wyoming. The cause of death was determined to be strangulation. Brian Laundrie, later identified as a person of interest, was found dead from a self-inflicted gunshot wound in October. He admitted to killing Petito in a notebook left behind.

In November 2022, Petito’s family filed a $50 million lawsuit against Moab police. They accused the officers of negligence during the stop, claiming their actions increased the risk of harm to Petito. The plaintiffs allege that officers placed Petito in a police vehicle and laughed with Laundrie, potentially encouraging his behavior.

Court's Ruling and Legal Reaction

Seventh District Court Judge Don Torgerson dismissed the lawsuit, citing the immunity provided to government entities under existing laws. He also noted the court's lack of jurisdiction in assessing the constitutionality of such laws. Moab’s attorney, Mitchell Stephens, supported the dismissal, stating, "Moab is not liable for criminal conduct that occurred a month later."

Petito’s family expressed their intent to appeal the ruling, aiming to assert their right to pursue claims for wrongful death under these circumstances. "We never anticipated that this would be an easy process," they said, highlighting their resolve for the Utah Supreme Court to uphold their rights.

Independent Investigation Sparks Legal Action

An independent review of the Moab police's handling of the traffic stop revealed several unintentional errors. However, these findings did not implicate officers directly in the subsequent events leading to Petito's death.

The lawsuit contended that better handling of the situation might have altered the tragic outcome. Petito's family argued that the officers' actions showed a lack of serious consideration for the domestic violence report’s implications.

Broader Implications and Family's Perspective

The case raises broader questions about police responsibility during domestic violence incidents, particularly the assessment of danger levels during such interactions. Experts note the potential repercussions of perceived leniency in handling escalating domestic disputes.

Petito's family articulated their belief that the Moab officers failed in their duty. They argue this failure had tragic consequences, underscoring the importance of accountability.

Plans for Future Legal Challenges

Judson Burton, attorney for the plaintiffs, plans to argue against the state's governmental immunity laws, asserting them as unconstitutional. He emphasized the family's commitment to seeing justice done. "The Utah Constitution’s original intent to preserve the right to recover for wrongful death claims is paramount," Burton stated.

On the opposite side, Moab's defense reiterated its stance that events occurring in a different state couldn't be blamed on the Moab police. “Brian Laundrie is the cause of Gabby Petito’s death,” said Stephens, pointing to Laundrie's actions as independent of the initial police encounter.

Emotional Impact and Ongoing Advocacy

The ongoing legal proceedings have been emotionally taxing for Petito's family, who continue to advocate for improvements in the handling of domestic violence calls. Their hope is to prevent similar tragedies in the future.

Despite setbacks, the family remains focused on their mission to hold the Moab Police Department accountable and to seek wider reforms in the system. They remain hopeful that higher courts will allow them to pursue their claim.

Looking Ahead: Next Steps in Appeal

It remains to be seen how the Utah Supreme Court will respond to the family’s appeal. Analysts suggest the case could set precedents for similar cases involving government liability.

The family has stressed their determination to continue the fight. As the legal battle progresses, it highlights the complexities surrounding governmental immunity and the pursuit of justice in wrongful death cases.