Gabby Petito's Family's Wrongful Death Lawsuit To Be Rescheduled In Utah With 7-Justice Panel: Attorneys

SALT LAKE CITY, UT — Oral arguments in the wrongful death lawsuit brought by the family of Gabby Petito, set to be heard in the Utah Supreme Court on Wednesday, will be rescheduled, a court representative told Patch.

The court granted a joint motion by the parties to continue and reschedule the previously set for oral arguments, on Wednesday, in light of recent structural changes to the court and its procedures for hearing constitutional challenges, Petito family attorneys Parker and McConkie said.

Utah's Legislature enacted a law expanding the state's Supreme Court from five to seven justices, so the court issued a temporary standing order providing that in any appeal involving a constitutional challenge to a statute, it will sit as a full seven-member court, calling replacement judges as needed, according to the firm.

In response to these developments, the parties involved in the lawsuit against the Moab City Police Department moved the court to ensure that oral argument in the two cases will be heard on the same day, the firm said.

Petito vs. Moab City is one of two cases to be heard, with the other case being Mayne vs. Salt Lake City.

Petito's family's case stems from the legal challenge to dismiss Petito's family’s lawsuit against the Moab police and some of its officers over their handling of the traffic stop the slain Long Islander was involved in with her fiancé, 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 said.

In Mayne Vs. Utah, the mother of a woman killed by her ex-husband is appealing to the Utah Supreme Court, arguing that police should have done more to intervene when days before the slaying, her daughter's ex-husband showed up at her workplace and made threats, the Utah News Dispatch reported.

"Both cases arise from tragic wrongful deaths and present the same central constitutional question: whether Utah’s Governmental Immunity Act is unconstitutional as applied to wrongful death claims under Article XVI, Section 5 of the Utah Constitution, including whether the Court should reconsider its prior decision in Tiede v. State," the law firm stated in a news release.

"The parties requested coordinated scheduling so that this shared constitutional issue will be argued and decided by a single, consistent seven-justice panel, rather than by different combinations of permanent and temporary justices at separate times," they stated. "The motion emphasized that such coordination promotes consistency, judicial economy, and the integrity of the Court’s constitutional adjudication."

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 previous 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.

A City of Moab spokeswoman declined further comment.

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 Court's live stream.

SEE ALSO:

• Gabby Petito: $50M Civil Lawsuit Could Spark Change Across U.S.
• Gabby Petito's Family Appeals Utah Court Ruling In Wrongful Death Case
• Gabby Petito: Judge Tosses Family's Wrongful Death Lawsuit
• ‘Not Just Gabby Petito’ Case Deserves Media Attention: Dad
• LI Mom To Missing Daughter: ‘We Just Need To See You Again’