Fox 13 reports the case challenges the dismissal of a wrongful death lawsuit the Petitos brought against the department and certain officers.
A Grand County judge dismissed the $50 million lawsuit in November 2024 citing Utah's governmental immunity framework.
The Petito family claims if officers had followed the law, Gabby would still be alive. They also say officer negligence contributed to Petito's death.
A timeline of the case from the New York Times reports in 2021, Petito and her boyfriend, Brian Laundrie, had a run-in with Moab police officers in August after responding to a report of a “domestic problem.”
About a month later Petito’s body was found in the Bridger-Teton National Forest in Wyoming. The cause of death was determined to be strangulation.
An investigation found that two Moab officers made “several unintentional mistakes.” Its recommendations for department changes included software upgrades and additional training.
Laundrie was the main suspect, but was found dead in a heavily wooded Florida park Oct. 20, 2021.
Oral arguments in the Petito family’s case are scheduled for March 4.