Police in Moab, Utah dodged a massive multimillion dollar lawsuit after a judge dismissed Gabby Petito's parents' claims that officers ignored warning signs their daughter was a victim of domestic violence before she was murdered by her accused killer.
Utah's 7th District Court Judge Don Torgerson stated police have governmental immunity under state law, but ruled the Court of Appeals could weigh-in, according to KSL-TV, KTVX-TV, and KSTU-TV.
"I do think that plaintiffs have made a prima facie case that Moab's officers' conduct here could have been a cause of death. Not necessarily THE cause of death, but a cause of death," Torgenson said, according to KSTU. "And based on the pleadings and making every inference in favor of plaintiffs, the court is going to deny the motion to dismiss on causation grounds because that's a factually intensive question."
The Petitos said while it was not the outcome they had hoped for, it's what they predicted.
"While the ruling today may feel like a setback, it was not unexpected," they said in a statement to the outlet. "We never anticipated that this would be an easy process and look forward to the Utah Supreme Court upholding the Utah Constitution's original intent to preserve the right to recover for wrongful death claims under these circumstances. We remain committed to pursuing justice for Gabby and thank the many people who have continued to support us in that fight."
Weeks before 22-year-old Gabby was murdered, she and fiancé Brian Laundrie, 23, were questioned by police in Utah responding to a domestic violence incident during the couple's cross-country trip.
Petito's parents allege the responding officer's failure to further investigate or initiate any arrests led to their daughter's subsequent murder, and are suing the Moab Police Department for $50 million.
Gabby vanished in the summer of 2021.
Her mom reported her missing that September after not hearing from her daughter for nearly two weeks and her disappearance made national headlines.
It was later learned Laundrie murdered Gabby by strangling her to death. Her body was found Sept. 19, 2021, in Grand Teton National Park in Wyoming, three to four weeks after it's believed she was killed.
That same month, Laundrie also disappeared after briefly returning home to Florida without Gabby.
He died from a self-inflicted gunshot wound to the head and his remains were found in October in a state reserve, according to investigators.
Although he was named a person of interest in Gabby's disappearance and subsequent murder, he was never officially identified as a suspect before his death.
Earlier this year, Gabby's parents reached a settlement over an emotional distress lawsuit with Laundrie's parents for an undisclosed amount, after accusing them of withholding information on Gabby's death.
