Gabby Petito's Family Files Appeal of Dismissal in Utah
Christine Durham—appellate counsel for the Petito family (https://www.parkerandmcconkie.com/blog/justice-christine-durham-joins-petito-familys-legal-team-in-utah)—provided the following statement:
"The plaintiffs in this case, Gabby Petito’s family, are pursuing an appeal from the trial court’s dismissal of their case. There is confusion in Utah precedent regarding liability for wrongful death, preserved in Utah’s constitution, and the scope of immunity for municipalities. It is important that the Utah Supreme Court have an opportunity to review the legal and constitutional history and clarify what was intended by the framers where negligence by any actor results in the loss of life. We expect that we can show that the defendant is mistaken in its view of the history of municipal liability and the history and meaning of the wrongful death clause."
Gabby Petito's family provided the following statement:
“While this will be our family's fourth Christmas without our precious daughter, Gabby, we remain as committed as ever to pursuing justice for her and meaningful change that will protect other victims from suffering similar tragedies in the future. We express gratitude for the outpouring of support we continue to feel and pray that we may all enjoy the blessing of holding our children and loved ones a little closer this holiday season.”
Petito family attorney, Brian C. Stewart of the law firm of Parker & McConkie, stated, "Though the Utah Supreme Court could transfer the case to the Utah Court of Appeals, we anticipate that the Supreme Court will retain the case to address the constitutionality of Utah's governmental immunity act, which bars wrongful death claims arising from domestic violence. We look forward to the opportunity to present arguments before the Utah Supreme Court to resolve these important issues."
A copy of the district court's order, judgment, and the notice of appeal can be found here: https://www.parkerandmcconkie.com/blog/gabby-petitos-family-files-appeal-of-dismissal-in-utah/
For more information, interviews, and other media requests, please contact david.watkins@otterpr.com. To contact the law firm of Parker & McConkie directly at their Salt Lake City office, please call (801) 851-1202 or visit www.parkerandmcconkie.com.
David Watkins
Otter PR
+1 800-648-6854
david.watkins@otterpr.com
Distribution channels: Law
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