Gabby Petito's parents continue legal battle against Moab Police, alleging negligence in preventing her tragic death

Gabby Petito's parents are filing a $50 million wrongful death lawsuit against the Moab Police Department
PUBLISHED MAR 9, 2024
Parents of Gabby Petito argue that the police department's negligence was the cause of her death (Octavio Jones/Getty Images, YouTube/ABC)
Parents of Gabby Petito argue that the police department's negligence was the cause of her death (Octavio Jones/Getty Images, YouTube/ABC)

If you or someone you know is affected by any of the issues raised in this story, call the National Domestic Violence Hotline at 1-800-799-7233 or chat at thehotline.org

NORTH PORT, FLORIDA: The parents of Gabby Petito are going to court for the second time in their lawsuit against the Moab Police Department.

They claim that by stopping Gabby and her boyfriend, Brian Laundrie, during their cross-country road trip in 2001, the department could have prevented the young woman's death.

Gabby Petito's parents claimed police ignored signs of domestic abuse

On February 25, Gabby's parents, Joseph Petito and Nicole Schmidt, submitted a second amended complaint in their $50 million wrongful death lawsuit against the Moab City Police Department.

According to a press release issued by attorney Brian C Stewart of Parker & McConkie, the parents' previous complaint was put on hold due to a stay issued by a court in Utah. However, that stay was lifted on February 22nd, allowing the complaint to move forward.

The complaint focuses on the interaction between Gabby, Laundrie, and the police on August 12, 2021, which was captured on body camera footage.

Gabby's family has since filed and settled a wrongful death lawsuit against Brian's estate (Octavio Jones/Getty Images)
Gabby's family has since filed and settled a wrongful death lawsuit against Brian's estate (Octavio Jones/Getty Images)

After receiving a report from a bystander who witnessed a domestic dispute, the police stopped the couple. In the video footage, Gabby, aged 22, is observed in tears while Laundrie, aged 23, appears unaffected.

As per the complaint, Gabby was placed at risk of experiencing more severe injuries because the police disregarded the warning signs of domestic abuse.

The complaint further argues that the police should have given greater consideration to the 911 caller's report, which alleged witnessing Laundrie striking Gabby outside a cooperative market.

The lawsuit additionally contends that Gabby should have received a distinct response from the police when they observed the cuts on her cheek, which she alleged occurred after he forcefully grabbed her face during an argument.

The incident was classified as a 'mental health crisis'

In the video, Gabby informs the police that she would have struck Laundrie in the face if they had engaged in a fight. Additionally, she defends Laundrie's actions.

In documents filed after the incident, the police categorized the entire call as a "mental health crisis" instead of a domestic violence incident. Tragically, Laundrie killed Gabby a few weeks after their encounter.

(YouTube/ABC7 News)
Gabby Petito was murdered by her fiance Brian Laundrie during a cross-country trip (YouTube/ABC)

As per People, the parents claim in the amended complaint that Gabby's tragic and premature death resulted from the Moab City Police Department's purported negligence in "hiring, training, supervising, and retaining certain officers, as well as the negligence of these officers in violating Utah law – for which Moab City Police Department is vicariously liable – caused Gabby's tragic and untimely death."

"We will never stop seeking justice for Gabby and working for the protection of other victims of domestic violence," Schmidt said in the press release.

Quoting the ongoing lawsuit, a spokesperson for Moab city declined to provide a comment to People.

In a lawsuit alleging emotional distress, Gabby's parents and Brian Laundrie's parents, Chris and Roberta Laundrie, came to an agreement last month.

In that lawsuit, it was claimed that the Laundries were aware of Gabby's death and the whereabouts of her body after a nationwide search for her was launched following her disappearance. 

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