Filing # 195324114 E-Filed 04/02/2024 04:12:25 PM

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR

ORANGE COUNTY FLORIDA

CASE NO.: 48-2024-CA-002046

RAVEN R. FONDIA, as
Personal Representative of the Estate of
MIKEANESHA MOORE,
Plaintiff,

vs.

SPT WAH WOODHILL LLC,

A Foreign Limited Liability Company,
HIGHMARK RESIDENTIAL, LLC,
A Foreign Limited Liability Company, and
LAKE APOPKA NATURAL GAS DISTRICT
A Florida governmental entity.
Defendants.
_______________________________________/

AMENDED COMPLAINT FOR WRONGFUL DEATH

COMES NOW, the Plaintiff, by and through the undersigned attorney, and sues
the Defendants, alleging as follows:
GENERAL ALLEGATIONS

1. This is an action under Florida Statutes §768.16-768.26 for the wrongful

death of MIKEANESHA MOORE who was the wife of RAVEN R. FONDIA and the
mother of their three children, R.R.F., R.L.F. and R.M.F. with damages substantially in
excess of the jurisdictional amount for filing in circuit court, exclusive of costs and
interest, with the full extent of the monetary damages to be determined by a jury trial.
2. At all times material hereto, the decedent and survivors were residents of
Orange County, Florida. Plaintiff MIKEANESHA MOORE was married to her husband,
RAVEN F. FONDIA and they have three minor children listed with their identities
protected for privacy. RAVEN F. FONDIA has been appointed as the personal
representative of the Estate of the decedent, MIKEANESHA MOORE.
3. At all times material hereto, the Defendant, SPT WAH WOODHILL LLC
was a foreign LLC doing business in Orange County, Florida which owned the apartment
complex known as Woodhill Apartments located at 7200 Woodhill Park Drive in
Orlando, Florida. Jurisdiction is proper under Florida Statute §48.193(1)(a)(1). As the
cause of action occurred in Orange County, FL venue is proper under Florida Statute
§47.051.
4. At all times material hereto, the Defendant, HIGHMARK
RESIDENTIAL, LLC was a foreign LLC doing business in Orange County, Florida
which managed the premises known as Woodhill Apartments located at 7200 Woodhill
Park Drive in Orlando, Florida. Jurisdiction is proper under Florida Statute
§48.193(1)(a)(1). As the cause of action occurred in Orange County, FL venue is proper
under Florida Statute §47.051.
5. At all times material hereto, the Defendant LAKE APOPKA NATURAL
GAS DISTRICT is a governmental entity which owns, operates and maintains natural gas
distribution services in various municipalities in the State of Florida. Jurisdiction is
proper under Florida Statute §48.193(1)(a)(1) and Florida Statute §768.28. As the cause
of action occurred in Orange County, FL venue is proper under Florida Statute §47.011.
6. This cause of action occurred at 7300 Woodhill Park, Apartment 616, in
Orlando, Florida on March 1st, 2024 around 9:33 a.m.
7. On or about this time MIKEANESHA MOORE returned home and
entered her apartment building. Upon entering the apartment MIKEANESHA MOORE
was catastrophically burned and injured by a gas fire explosion. MIKEANESHA
MOORE suffered horrifically painful 3rd and 4th degree burns on over 40% of her body
causing her to be placed in hospital critical care, immobilized and unable to speak. Her
skin was falling off her body and the fire penetrated and catastrophically burned her lungs
and lung tissue. MIKEANESHA MOORE suffered and subsequently passed away from
these injuries on March 9th, 2024.
8. During the investigation of the gas explosion the local fire department and
agents of the Defendants immediately noticed an unplugged natural gas line in the
laundry room of the Plaintiffs’ apartment. It has been determined that gas leaked out of
this unplugged natural gas line and had the line been lawfully plugged natural gas would
not have been able to leak into the apartment and cause this fatal gas explosion. The
apartment complex received complaints for years of smells of leaking gas in the 600

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building of the apartment complex where MIKEANESHA MOORE died as well as other
buildings in the complex.
9. This natural gas line was not plugged when the Plaintiff and her family
began their lease approximately two weeks before the fatal gas explosion despite multiple
agents of the Defendants entering the apartment after the prior lease expired. The prior
tenant of this apartment witnessed this fatal unplugged gas line stuffed with a plastic
garbage bag instead of being safely plugged and was not provided a licensed gas person
to properly plug and inspect the gas line. This prior tenant smelled leaking natural gas in
this same apartment for months prior to this fatal accident and was never provided a
proper inspection by the Defendants. After the fatal explosion the gas line was plugged
by the fire department as well as several other gas lines in the same apartment building.
Another gas line in MIKEANESHA MOORE’S apartment remained unplugged for
weeks even after the explosion.

COUNT I: NEGLIGENCE OF SPT WAH WOODHILL LLC

10. Plaintiff re-alleges and incorporates herein paragraphs 1-9 and further
alleges:
11. SPT WAH WOODHILL LLC was the legal owner of the apartment
complex located at 7200 Woodhill Park Drive in Orlando, Florida and leased residential
dwelling spaces to the public. SPT WAH WOODHILL LLC had a non-delegable duty to
exercise reasonable care and protect the Plaintiffs from reasonably foreseeable harm.
These duties include providing the Plaintiffs a safe apartment with safe natural gas
connections and appliances free of gas leaks in adherence to the Florida Statutes, Florida
building codes, National Fuel Gas Code and the Code of Federal Regulations. Florida
Statutes §527.01 and §527.02 provide that “any person installing appliances for the use of
natural gas” without a license is a 3rd degree felony. The National Fuel Gas Code 54-7.7.2
requires “each outlet.. shall be closed gastight with a threaded plug”. The Defendant had
a duty to use properly licensed people to remove and install gas appliances like the gas
dryer in MIKEANESHA MOORE’S apartment and to properly plug open gas lines. The
Defendant SPT WAH WOODHILL LLC breached these statutes, codes, duties and had
actual or constructive notice of these dangers in one or more of the following ways:

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 a). Allowing the Plaintiffs to move into an apartment that contained unplugged
gas lines, had previous complaints of gas smells and potential gas leaks and had not been
properly inspected for the safe and lawful use of natural gas.
b) Allowing and encouraging tenants to attempt to remove gas appliances
themselves without using properly licensed and trained natural gas persons.
c) Renting gas appliances to tenants and not providing installation and removal of
rented gas appliances by properly licensed and trained natural gas persons.
d). Failing to take reasonably safe precautions after many complaints from tenants
over months and years of gas smells, gas leaks and other evidence of unsafe gas lines and
gas appliances from multiple units in the Woodhill apartment complex;
e). Failing to warn the Plaintiffs and tenants that they had been provided an
apartment that had not been inspected for unplugged gas lines nor the safe and lawful use
of natural gas and had prior complaints of gas smells and potential gas leaks;
f). Allowing tenants, employees, agents and other unlicensed gas persons to
remove gas appliances without plugging gas lines and other necessary safety precautions
with gas lines and gas appliances;
g). Failing to utilize license gas persons for all installation, repairs and
maintenance of gas appliances and/or gas lines;
h). Failing to order safety inspections and fire safety inspections for their rental
units;
i). Failing to inspect the property and rental units for potential gas leaks,
unplugged gas lines and other unsafe natural gas conditions;
j). Failing to meet industry standards, statutes, building and gas codes for the
rental units;
k). Failing to plug gas lines after appliances were disconnected by a previous
tenant or the rental of a gas appliance had ended;
l). Failing to properly notify the Defendant LAKE APOPKA NATURAL GAS
DISTRICT and take appropriate action after complaints from residents about gas smells
and other evidence of gas leaks on the premises;

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 12. As a direct and proximate result of the negligence of the Defendant SPT
WAH WOODHILL LLC the decedent MIKEANESHA MOORE was catastrophically
injured and subsequently passed away on March 9th, 2024.
13. As Personal Representative of the Estate of MIKEANESHA MOORE,
RAVEN R. FONDIA brings all claims for the wrongful death of MIKEANESHA
MOORE pursuant to 768.16-768.26, Florida Statutes, on behalf of the estate of
MIKEANESHA MOORE as well as on behalf of the individual survivors thereof:
a). RAVEN R. FONDIA, as surviving spouse of MIKEANESHA MOORE, is
entitled to recover all damages under the Florida Wrongful Death Act including the value
of the lost support and services of his wife from the date of her injury to her death, with
interest, and future loss of support and services from the date of death and reduced to
present value; for the loss of his wife’s companionship and protection, and for mental
pain and suffering from the date of injury, in the past and future.
b). R.R.F, as surviving minor natural son of MIKEANESHA MOORE, is entitled
to recover the value of the lost support and services of his mother from the date of her
injury to her death, with interest, and future loss of support and services from the date of
death and reduced to present value as well as for loss of his mother’s parental
companionship, instruction and guidance, and for mental pain and suffering from the date
of injury in the past and future.
c). R.L.F, as surviving minor natural son of MIKEANESHA MOORE, is entitled
to recover the value of the lost support and services of his mother from the date of her
injury to her death, with interest, and future loss of support and services from the date of
death and reduced to present value as well as for loss of his mother’s parental
companionship, instruction and guidance, and for mental pain and suffering from the date
of injury in the past and future.
d). R.M.F, as surviving minor natural son of MIKEANESHA MOORE, is entitled
to recover the value of the lost support and services of his mother from the date of her
injury to her death, with interest, and future loss of support and services from the date of
death and reduced to present value as well as for loss of his mother’s parental
companionship, instruction and guidance, and for mental pain and suffering from the date
of injury in the past and future.

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 e.) The estate of MIKEANESHA MOORE is entitled to recover:
(1) Loss of earnings of MIKEANESHA MOORE from the date of the injury to
the date of death, less lost support of survivors excluding contributions in kind, with
interest.
(2) Loss of the prospective net accumulations of the estate of MIKEANESHA
MOORE, which might reasonably have been expected but for wrongful death, reduced to
present money value.
(3) Medical and funeral expenses due to MIKEANESHA MOORE’S injury and
death that have become a charge against her estate or that were paid on behalf of
MIKEANESHA MOORE by her estate or by her survivors.
f). As a result of the death of MIKEANESHA MOORE, the estate of
MIKEANESHA MOORE has suffered the damages described above including loss of net
accumulations and funeral expenses. The survivors of the estate of MIKEANESHA
MOORE have suffered the damages described including loss of support and services of
MIKEANESHA MOORE and mental pain and suffering.
WHEREFORE, the Plaintiff RAVEN R. FONDIA as Personal Representative of
the Estate of MIKEANESHA MOORE demands judgment against the Defendant SPT
WAH WOODHILL LCC in excess of the jurisdictional amount for filing in the circuit
court, exclusive of costs and interest, and requests a jury trial.

COUNT II: NEGLIGENCE OF HIGHMARK RESIDENTIAL, LLC

14. Plaintiff re-alleges and incorporates herein paragraphs 1-9 and further
alleges:
15. HIGHMARK RESIDENTIAL LLC was the property management
company of the apartment complex located at 7200 Woodhill Park Drive in Orlando,
Florida and managed leased residential dwelling spaces to the public. As the property
manager HIGHMARK RESIDENTIAL LLC had a non-delegable duty to exercise
reasonable care and protect the Plaintiffs from reasonably foreseeable harm. These duties
include providing the Plaintiffs a safe apartment with safe natural gas connections and
appliances free of gas leaks in adherence to the Florida Statutes, Florida building codes,
National Fuel Gas Code and the Code of Federal Regulations. Florida Statutes §527.01

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and §527.02 provide that “any person installing appliances for the use of natural gas”
without a license is a 3rd degree felony. The National Fuel Gas Code§7.7.2 requires “each
outlet.. shall be closed gastight with a threaded plug”. The Defendant had a duty to use
properly licensed people to remove and install gas appliances like the gas dryer in
MIKEANESHA MOORE’S apartment and to properly plug open gas lines. The
Defendant HIGHMARK RESIDENTIAL LLC breached these statutes, codes, duties and
had actual or constructive notice of these dangers in one or more of the following ways:
a). Allowing the Plaintiffs to move into an apartment that contained unplugged
gas lines and had not been properly inspected for the safe and lawful use of natural gas.
b) Allowing and encouraging tenants to attempt to remove gas appliances
themselves without using properly licensed and trained natural gas persons.
c) Renting gas appliances to tenants and not providing installation and removal of
rented gas appliances by properly licensed and trained natural gas persons.
d). Failing to take reasonably safe precautions after many complaints from tenants
over months and years of gas smells, gas leaks and other evidence of unsafe gas lines and
gas appliances from multiple units in the Woodhill apartment complex;
e). Failing to warn the Plaintiffs and tenants that they had been provided an
apartment that had not been inspected for unplugged gas lines and for the safe and lawful
use of natural gas;
f). Allowing tenants, employees, agents and other unlicensed gas persons to
remove gas appliances without plugging gas lines and other necessary safety precautions
with gas lines and gas appliances;
g). Failing to utilize license gas persons for all installation, repairs and
maintenance of gas appliances and/or gas lines;
h). Failing to order safety inspections and fire safety inspections for their rental
units;
i). Failing to inspect the property and rental units for potential gas leaks,
unplugged gas lines and other unsafe natural gas conditions;
j). Failing to meet industry standards, statutes, building and gas codes for the
rental units;

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 k). Failing to plug gas lines after appliances were disconnected by a previous
tenant or the rental of a gas appliance had ended;
l). Failing to properly notify the Defendant LAKE APOPKA NATURAL GAS
DISTRICT and take appropriate action after complaints from residents about gas smells
and other evidence of gas leaks on the premises;
16. As a direct and proximate result of the negligence of the Defendant
HIGHMARK RESIDENTIAL LLC the decedent MIKEANESHA MOORE was
catastrophically injured and subsequently passed away on March 9th, 2024.
17. As Personal Representative of the Estate of MIKEANESHA MOORE,
RAVEN R. FONDIA brings all claims for the wrongful death of MIKEANESHA
MOORE pursuant to 768.16-768.26, Florida Statutes, on behalf of the estate of
MIKEANESHA MOORE as well as on behalf of the individual survivors thereof:
a). RAVEN R. FONDIA, as surviving spouse of MIKEANESHA MOORE, is
entitled to recover all damages under the Florida Wrongful Death Act including the value
of the lost support and services of his wife from the date of her injury to her death, with
interest, and future loss of support and services from the date of death and reduced to
present value; for the loss of his wife’s companionship and protection, and for mental
pain and suffering from the date of injury, in the past and future.
b). R.R.F, as surviving minor natural son of MIKEANESHA MOORE, is entitled
to recover the value of the lost support and services of his mother from the date of her
injury to her death, with interest, and future loss of support and services from the date of
death and reduced to present value as well as for loss of his mother’s parental
companionship, instruction and guidance, and for mental pain and suffering from the date
of injury in the past and future.
c). R.L.F, as surviving minor natural son of MIKEANESHA MOORE, is entitled
to recover the value of the lost support and services of his mother from the date of her
injury to her death, with interest, and future loss of support and services from the date of
death and reduced to present value as well as for loss of his mother’s parental
companionship, instruction and guidance, and for mental pain and suffering from the date
of injury in the past and future.

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 d). R.M.F, as surviving minor natural son of MIKEANESHA MOORE, is entitled
to recover the value of the lost support and services of his mother from the date of her
injury to her death, with interest, and future loss of support and services from the date of
death and reduced to present value as well as for loss of his mother’s parental
companionship, instruction and guidance, and for mental pain and suffering from the date
of injury in the past and future.
e.) The estate of MIKEANESHA MOORE is entitled to recover:
(1) Loss of earnings of MIKEANESHA MOORE from the date of the injury to
the date of death, less lost support of survivors excluding contributions in kind, with
interest.
(2) Loss of the prospective net accumulations of the estate of MIKEANESHA
MOORE, which might reasonably have been expected but for wrongful death, reduced to
present money value.
(3) Medical and funeral expenses due to MIKEANESHA MOORE’S injury and
death that have become a charge against her estate or that were paid on behalf of
MIKEANESHA MOORE by her estate or by her survivors.
f). As a result of the death of MIKEANESHA MOORE, the estate of
MIKEANESHA MOORE has suffered the damages described above including loss of net
accumulations and funeral expenses. The survivors of the estate of MIKEANESHA
MOORE have suffered the damages described including loss of support and services of
MIKEANESHA MOORE and mental pain and suffering.
WHEREFORE, the Plaintiff RAVEN R. FONDIA as Personal Representative of
the Estate of MIKEANESHA MOORE demands judgment against the Defendant
HIGHMARK RESIDENTIAL LLC in excess of the jurisdictional amount for filing in the
circuit court, exclusive of costs and interest, and requests a jury trial.

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 COUNT III
NEGLIGENCE OF LAKE APOPKA NATURAL GAS DISTRICT
18. Plaintiff re-alleges and incorporates herein paragraphs 1-11 and 14-16 and
further alleges:
19. LAKE APOPKA NATURAL GAS DISTRICT is a governmental entity
which owns, operates and maintains natural gas distribution services for the Woodhill
Apartments located at Woodhill Apartments located at 7200 Woodhill Park Drive in
Orlando, Florida. As the utility company that serviced the gas utilities for the residential
units, LAKE APOPKA NATURAL GAS DISTRICT had a duty to exercise reasonable
care and protect the Plaintiff’s from reasonably foreseeable harm. The duties include
providing the Plaintiff’s with a safe natural gas supply, safe natural gas connections,
proper inspections and investigation of gas leaks, notifying any administrative or
governmental entities of any non-compliance with gas safety protocols and ensuring
compliance to the Florida Statutes, Florida building codes, National Fuel Gas Code and
the Code of Federal Regulations. The Defendant LAKE APOPKA NATURAL GAS
DISTRICT breached these duties and had actual or constructive notice of these dangers
in one or more of the following ways:
a). Knew or should have known of complaints of gas smells from tenants of the
Defendants SPT WAH WOODHILL LLC and HIGHMARK RESIDENTIAL, LLC and
failed to inspect the apartments for unplugged gas lines and other hazards that are known
to cause gas leaks and explosions;
b). When responding to the Woodhill Apartments for out of gas complaints, gas
smell complaints, gas leak complaints, inoperable gas complaints and/or intermittently
operable gas complaints this Defendant failed to adequately inspect the apartments for
unplugged gas lines and other hazards that are known to cause gas leaks and explosions;
c). Failed to advise and inform the Defendants SPT WAH WOODHILL LLC and
HIGHMARK RESIDENTIAL, LLC of known hazardous conditions on their property
including hazardous gas usage and unplugged gas lines from removed gas appliances;
d) Ignoring and/or failing to use proper procedure for months and years of
complaints from tenants on the Defendants property of gas complaints, gas smell

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complaints, gas leak complaints, inoperable gas complaints and/or intermittently operable
gas complaints resulting from unplugged gas lines from removed applications.
e). Failing to notify proper entities and report safety violations of the Defendants
SPT WAH WOODHILL LLC and HIGHMARK RESIDENTIAL, LLC.
f). Failing to notify proper entities and report the use of unlicensed gas persons by
the Defendants SPT WAH WOODHILL LLC and HIGHMARK RESIDENTIAL, LLC.
g). Failing to add a sufficient and reasonable amount of detection gas to the
natural gas supply to allow customers to detect gas leaks.
20. As a direct and proximate result of the negligence of the Defendant LAKE
APOPKA NATURAL GAS DISTRICT HIGHMARK RESIDENTIAL LLC the decedent
MIKEANESHA MOORE was catastrophically injured and subsequently passed away on
March 9th, 2024.
21. As Personal Representative of the Estate of MIKEANESHA MOORE,
RAVEN R. FONDIA brings all claims for the wrongful death of MIKEANESHA
MOORE pursuant to 768.16-768.26, Florida Statutes, on behalf of the estate of
MIKEANESHA MOORE as well as on behalf of the individual survivors thereof:
a). RAVEN R. FONDIA, as surviving spouse of MIKEANESHA MOORE, is
entitled to recover all damages under the Florida Wrongful Death Act including the value
of the lost support and services of his wife from the date of her injury to her death, with
interest, and future loss of support and services from the date of death and reduced to
present value; for the loss of his wife’s companionship and protection, and for mental
pain and suffering from the date of injury, in the past and future.
b). R.R.F, as surviving minor natural son of MIKEANESHA MOORE, is entitled
to recover the value of the lost support and services of his mother from the date of her
injury to her death, with interest, and future loss of support and services from the date of
death and reduced to present value as well as for loss of his mother’s parental
companionship, instruction and guidance, and for mental pain and suffering from the date
of injury in the past and future.
c). R.L.F, as surviving minor natural son of MIKEANESHA MOORE, is entitled
to recover the value of the lost support and services of his mother from the date of her
injury to her death, with interest, and future loss of support and services from the date of

11
death and reduced to present value as well as for loss of his mother’s parental
companionship, instruction and guidance, and for mental pain and suffering from the date
of injury in the past and future.
d). R.M.F, as surviving minor natural son of MIKEANESHA MOORE, is entitled
to recover the value of the lost support and services of his mother from the date of her
injury to her death, with interest, and future loss of support and services from the date of
death and reduced to present value as well as for loss of his mother’s parental
companionship, instruction and guidance, and for mental pain and suffering from the date
of injury in the past and future.
e.) The estate of MIKEANESHA MOORE is entitled to recover:
(1) Loss of earnings of MIKEANESHA MOORE from the date of the injury to
the date of death, less lost support of survivors excluding contributions in kind, with
interest.
(2) Loss of the prospective net accumulations of the estate of MIKEANESHA
MOORE, which might reasonably have been expected but for wrongful death, reduced to
present money value.
(3) Medical and funeral expenses due to MIKEANESHA MOORE’S injury and
death that have become a charge against her estate or that were paid on behalf of
MIKEANESHA MOORE by her estate or by her survivors.
f). As a result of the death of MIKEANESHA MOORE, the estate of
MIKEANESHA MOORE has suffered the damages described above including loss of net
accumulations and funeral expenses. The survivors of the estate of MIKEANESHA
MOORE have suffered the damages described including loss of support and services of
MIKEANESHA MOORE and mental pain and suffering.
WHEREFORE, the Plaintiff RAVEN R. FONDIA as Personal Representative of
the Estate of MIKEANESHA MOORE demands judgment against the Defendant LAKE
APOPKA NATURAL GAS DISTRICT in excess of the jurisdictional amount for filing
in the circuit court, exclusive of costs and interest, and requests a jury trial.

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 DATED and FILED in the Circuit Court of Orange County, FL this 2nd day of

April, 2024.

/s/ Richard B. Troutman

RICHARD B. TROUTMAN, Esquire
Florida Bar No. 306347
MATTHEW R. BOREN, Esquire
Florida Bar No. 718505
The Troutman Law Firm
1101 North Kentucky Avenue
Winter Park, Florida 32789
(T): 407-647-5002
Attorneys for Plaintiffs
Primary: rick@richardtroutman.com
pleadings@richardtroutman.com
matthewboren@matthewboren.com

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