A Utah judge on Wednesday dismissed a wrongful death lawsuit that Gabby Petito's parents filed against the city of Moab alleging police did not do enough during a traffic stop to protect their daughter from the man who killed her weeks later.
Plaintiffs' attorney Judson Burton argued that a state law barring lawsuits against government agencies is unconstitutional and said they plan to appeal.
Seventh District Court Judge Don Torgerson said he could not consider the law's constitutionality but the Court of Appeals can, KSL-TV reported .
Petito's family said the dismissal was expected.
"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," her family said in a statement.
