Families of TikTok star 'Ali Spice' and other victims of fatal crash in Volusia County sue

John Dunbar and Sheldon Gardner, Daytona Beach News-Journal
Updated ·3 min read
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Family members of the three victims killed in a crash in 2022 caused by a reportedly drunk driver traveling in the wrong direction on State Road 44 filed lawsuits against the club that provided the alcohol, the driver of the vehicle, and its owner.

The three wrongful death claims were filed on behalf of Alexandra Dulin, 21, originally from Indianapolis, Kyle Moser, 25, of Daytona Beach, and Ava Fellerman, 20, who moved to Florida from Wilkes-Barre, Pennsylvania.

The crash made international news due to the notoriety of Dulin, also known as Ali Spice, who was a well-known TikTok social media influencer.

Thomas Petry, 54, of Orange City, who was driving the wrong way, witnesses say, and Devin Perkins, 23, of New Smyrna Beach, the driver of the car that was struck head-on, have been charged with vehicular homicide.

The crash

The four friends were driving home after a night out in Orlando in a black, 2014 Infiniti Q-50 owned by Perkins when the wreck occurred.

According to a charging affidavit, before the wreck, Petry had been drinking with Joanna Dillon, 37, of Deltona at the Eagle's Nest in Orange City on Dec. 11. Dillon stated she got into the passenger seat of her 2020 Toyota Tacoma pickup truck and that was the last thing she remembered.

Police said Petry reportedly drove for eight miles in the wrong direction on S.R. 44 before colliding head-on with the Infiniti. The lawsuits claim Petry was driving with the lights off. After the crash, Petry fled the scene.

Kyle Jacob Moser
Kyle Jacob Moser

After a four-month investigation, the State Attorney’s Office charged Petry with three counts of vehicular homicide, three counts of leaving the scene of a crash with a death, leaving the scene of a crash involving serious bodily injury and reckless driving.

Perkins, who was seriously injured in the crash, was charged with three counts of vehicular homicide and reckless driving resulting in a serious bodily injury. Police say he was driving 100 mph at the time of the crash and his blood tested positive for alcohol and THC.

The two have pled not guilty to the charges.

The lawsuits

Jimmy Dulin, Alexandra Dulin's father; Greg Fellerman, Ava Fellerman's father; and Dustin Minton, Kyle Moser's brother; separately filed lawsuits this month in Volusia County Circuit Court. All three lawsuits are against Dillon, Petry, and the Fraternal Order of the Eagles southwest Volusia Aerie 4201 which owned and operated a club that served alcohol to Dillon and Petry prior to the wreck.

Police say Alexandra Dulin, aka Ali Spice, was killed along with Ava Fellerman and Kyle Moser by a pickup truck driving on the wrong side of the road by Thomas Petry. The victims' families are suing for damages.
Police say Alexandra Dulin, aka Ali Spice, was killed along with Ava Fellerman and Kyle Moser by a pickup truck driving on the wrong side of the road by Thomas Petry. The victims' families are suing for damages.

The lawsuits are seeking "wrongful death damages" from all of the defendants, saying each contributed to the deaths of those involved in the wreck through their actions or lack of action.

Petry should be held accountable for driving under the influence and the reckless driving that followed, the lawsuits allege. Dillon should be held accountable for, among other things, allowing Petry to drive the truck when he was under the influence of alcohol.

The lawsuits say that Southwest Volusia Aerie 4201 should be held accountable for serving alcohol to Petry and Dillon. The lawsuits say Petry and Dillon were "habitually addicted" to alcoholic beverages. The lawsuit says the bartenders should have known not to serve them, especially after the two were intoxicated, and knowing that they would likely drive after leaving the bar.

The Fraternal Order of the Eagles describes itself as "an international non-profit organization" that donates over $10 million a year to various causes and has over 1,500 locations in the U.S. and Canada, according to its website. The Southwest Volusia Aerie's branch building burned down in July, according to Fox 35 Orlando.

The lawsuits said the families have endured "mental pain and suffering," and faced expenses such as medical and funeral costs. Each suit asks for damages "in excess of $50,000."

Attempts to reach the defendants in the lawsuits were unsuccessful Tuesday.

This article originally appeared on The Daytona Beach News-Journal: Ali Spice update: TikTok star's father files lawsuit over death