Double Murder Lawsuit

FOR IMMEDIATE RELEASE
Wrongful death suit filed for double homicide

at Yacht and Country Club of Stuart
June 30, 2016 - Stuart, FL
Miami lawyers John Elliott Leighton and Max Panoff have filed suit for a double
wrongful death of a mother and son who were violently murdered inside the
exclusive Yacht and Country Club of Stuart.
Robert Gulick was a drug addict and a drug dealer. He had a 35-page rap sheet, which
included at least nine arrests for 19 different crimes. He was a dangerous criminal with
an unsound mind. Yet he was handed the keys to a vacant mansion, a loaded gun, and
unfettered access to an exclusive gated community. Unsurprisingly, the results were
tragic.
Despite Gulicks propensities for violence and self-destruction, he was employed by his
fathers company, Gulick Construction. He was not supervised during his work and
customers were not warned of his criminal history. Through his employment, he formed
a relationship with the security guards and residents of The Yacht and Country Club of
Stuart (Y.C.C.S.), a gated community in Stuart, Florida. It claimed to be a totally secure,
gated, and guarded enclave yet provided Gulick unrestricted access.
When Matthews provided Gulick with the keys to her residence, she effectively turned
over a loaded firearm to a violent criminal. The home was apparently empty for the
majority of the year, so Gulick moved in as a squatter. Y.C.C.S. was aware of Gulicks
squatter status at Matthews home: he parked his vehicle outside the residence for
extended periods of time (in direct violation of the communitys rules and regulations); he
was waived through security gates without questions as to why or how long he would be
in the neighborhood; and he was consistently treated as a lawful tenant of Y.C.C.S.
On Sunday, November 9, 2014, Gulick called the security gate at the entrance of Y.C.C.S.
and advised guards to allow Michael Bono, his friend, and Gloria Bono, Michaels mother,
onto the property. The Y.C.C.S. rules and regulations prohibited Gulick from giving
access to nonresidents but they did so anyway. As a non-resident worker, he should not
have even been present in the community on a Sunday. No one at Y.C.C.S. asked any
questions. Gloria and Michael Bono were waived through the gates at about 9:13 a.m.
Upon arrival and entry into Matthews home, Gulick shot and killed them both using Judith
Matthews .22 caliber rifle. Shortly thereafter, he shot and killed himself.
This story is tragic, but perhaps the most heart-wrenching detail is that it was completely
preventable. If not for the collective negligence of the Yacht and Country Club of Stuart
(who treated Gulick like a resident despite a 35-page rap sheet), Judith Matthews (who
provided Gulick with house keys and a loaded gun), and Gulicks father (who watched
quietly as his criminal son became a trusted member of the community), Gloria and
Michael Bono would still be alive. While we cannot bring them back, we can hold these
defendants responsible for their negligence in causing these tragic deaths.
A copy of the lawsuit just filed is attached to this release.
Leighton specializes in representing victims of violent crime. He is the author of a twovolume textbook, Litigating Premises Security Cases, and is recognized as a national
expert in the field of negligent security litigation. He chairs the Inadequate Security
Litigation Group of the American Association for Justice and sits on the Board of the
National Crime Victim Bar Association.
About Leighton Law, P.A.

Leighton Law is a personal injury law firm which represents individuals who have been seriously injured
or have lost loved ones. Founding partner John Elliott Leighton is a Florida Bar board certified civil trial
lawyer with 30 years of experience in litigating and trying complex and catastrophic cases in all state and
federal courts, including: personal injury and wrongful death; medical malpractice; violent crime/negligent
premises security; trucking and motor vehicle crash; nursing home neglect; product liability; aviation
disaster; cruise ship and maritime; commercial litigation; and other civil cases.
Mr. Leighton is listed in The Best Lawyers in America, Florida SuperLawyers, Florida Trend Magazines
Florida Legal Elite, Orlando Style Magazines Legal Elite and South Florida Legal Guides Top
Lawyers. www.LeightonLaw.com
For more information, contact:

Sydney Carmel/ Tel: 305-347-3151 E: Sydney@Leightonlaw.com
Filing # 43367171 E-Filed 06/29/2016 11:50:49 AM
IN THE CIRCUIT COURT OF THE

19th JUDICIAL CIRCUIT IN AND FOR
MARTIN COUNTY, FLORIDA
CASE NO.:
LISA MELISSE, as personal
representative of the Estate
of GLORIA BONO, deceased, and
MICHAEL BONO, SR., as personal
representative of the Estate of
MICHAEL BONO, JR., deceased
Plaintiffs,
vs.
Y.C.C.S. PROPERTY OWNERS
ASSOCIATION, INC., a Florida
corporation; JUDITH L. MATTHEWS
and GULICK CONSTRUCTION
COMPANY, INC., a Florida corporation
for profit,
Defendants.
/
COMPLAINT FOR DAMAGES

AND DEMAND FOR JURY TRIAL
______________________________________________________________________________
Plaintiffs, LISA MELISSE, as personal representative of the Estate of
GLORIA BONO, deceased, and MICHAEL BONO, SR., as personal representative
of the Estate of MICHAEL BONO, JR., deceased, sue Defendants Y.C.C.S.
PROPERTY OWNERS ASSOCIATION, INC., a Florida corporation, GULICK
Estate of Bono v. Y.C.C.S. PROPERTY OWNERS ASSOCIATION, INC., et al.

Page 2
CONSTRUCTION COMPANY, INC., a Florida corporation for profit, and JUDITH
L. MATTHEWS, and state as follows:
ALLEGATIONS COMMON TO ALL COUNTS
1.
This is an action for damages in excess of the minimum jurisdictional
limits of this Court of $15,000.00, exclusive of interest and costs.

2.
Plaintiff LISA MELISSE, is the duly appointed personal representative
of the Estate of GLORIA BONO, deceased, and brings this action on behalf of the
Estate and its survivors and beneficiaries pursuant to Florida Statute 768.21.
3.
Plaintiff MICHAEL BONO, SR., has been or is in the process of being
appointed the personal representative of the Estate of MICHAEL BONO, JR.,

deceased, and brings this action on behalf of the Estate and its survivors and
beneficiaries pursuant to Florida Statute 768.21.
4.
At all times material, Defendant Y.C.C.S. PROPERTY OWNERS
ASSOCIATION, INC. (hereafter Y.C.C.S.) was and is a Florida corporation, doing

business and authorized to do business in Martin County, Florida with its principal
place of business located at 3883 S.E. Fairway East, Stuart, Florida 34997.
5.
At all times material, and at the time of the incident complained of,
Defendant, Y.C.C.S. owned, managed, operated, maintained and/or controlled the

Yacht and Country Club of Stuart, where this incident took place, and exercised
jurisdiction and control over the functioning of the gated community and employed
agents, employees, officers, a security team, staff, administrators, representatives,
and/or servants. Defendant exercised jurisdiction and control over the procedures
which said agents, employees, officers, security team members, staff, administrators,
representatives, and/or servants, had the privilege and obligation to perform, and
said Defendant determined the qualifications or lack of qualifications of said agents,
employees, officers, security team members, staff, administrators, representatives,
and/or servants as the same related to those procedures and duties which were
devised by said Defendant for the aforementioned agents, employees, officers,
security team members, staff, administrators, representatives, and/or servants.
6.
At all times material, Defendant JUDITH L. MATTHEWS (hereafter
MATTHEWS) owned, operated and maintained a home within the Yacht and
Country Club of Stuart, with the specific home address being 3214 SE Fairway West,
Stuart, Florida 34997. Said property was homesteaded as her primary residence.
7.
Defendant, MATTHEWS owned, managed, operated, maintained and/or controlled

her home that was located at 3214 SE Fairway West, Stuart, FL 34997 (hereafter
SUBJECT PREMISES), which was inside the Yacht and Country Club of Stuart,
ESTATE OF BONO v. Y.C.C.S PROPERTY OWNERS ASSOCIATION, INC, et. al.
Page 4
where this incident took place. As a result Defendant MATTHEWS exercised

jurisdiction and control over the functioning of her home and employed agents,
employees, representatives, and/or servants, and exercised jurisdiction and control
over the procedures which said agents, employees, representatives, and/or servants
had the privilege and obligation to perform and user her premise, and said Defendant
determined the qualifications or lack of qualifications of said agents, employees,
representatives, and/or servants as the same related to those procedures and duties
which were devised by said Defendant for the aforementioned agents, employees,
representatives, and/or servants. This was her homesteaded primary residence.
8.
At
all
times
material,
Defendant
GULICK
CONSTRUCTION
COMPANY, INC. (hereafter GULICK CONSTRUCTION) was and is a Florida

corporation for profit, doing business and authorized to do business in Martin County,
Florida, with its principal place of business located at 300 Colorado Avenue, Suite
204, Martin County, Florida.
9.
Defendant, GULICK CONSTRUCTION, managed, serviced, and provided employees

to maintain and repair Defendant MATTHEWS home located at 3214 SE Fairway
West, Stuart, FL 34997, which was inside the Yacht and Country Club of Stuart,
where this incident took place. As a result Defendant GULICK CONSTRUCTION
exercised control over the oversight of Defendant MATTHEWS home and employed
Page 5
agents, employees, representatives, and/or servants, and exercised jurisdiction and

control over the procedures which said agents, employees, representatives, and/or
servants had the privilege and obligation to perform and use her premise, and said
Defendant determined the qualifications or lack of qualifications of said agents,
employees, representatives, and/or servants as the same related to those procedures
and duties which were devised by said Defendant for the aforementioned agents,
employees, representatives, and/or servants.
10.
Prior to November 9, 2014, Defendant MATTHEWS provided a key to
Robert Gulick, who took up residence at the MATTHEWS property located within the
Yacht and Country Club of Stuart at 3214 SE Fairway West, Stuart, FL 34997.
11.
At all times material, Defendant MATTHEWS owned and maintained a
firearm at the subject property, in addition to ammunition for said firearm. At no

time was the firearm kept locked or otherwise inaccessible to persons occupying the
MATTHEWS home.
12.
At all times material, and prior to November 9, 2014, Defendant
MATTHEWS was introduced to Robert Gulick through the company for which he
worked, Defendant GULICK CONSTRUCTION, which continued to have a business
relationship with Defendant MATTHEWS.
13.
At all times material, and prior to November 9, 2014, Robert Gulick was
a drug abuser and drug dealer, and had an extensive criminal record which included
Page 6
at least 9 arrests for 19 different crimes, had an unsound mind and displayed
dangerous propensities.
14.
Y.C.C.S. knew that Robert Gulick was not an owner or resident of the Y.C.C.S.
15.
Y.C.C.S. knew that Robert Gulick was residing at the home of Defendant
MATTHEWS within the gated confines of Y.C.C.S.
16.
At all times material, and prior to November 9, 2014, Robert Gulick was
dealing drugs from the home owned by Defendant MATTHEWS which was located
inside the gated confines of the Yacht and Country Club of Stuart.
17.
At all times material, and prior to November 9, 2014, the vehicle owned
and operated by Robert Gulick was parked in front of the home owned by Defendant
MATTHEWS which was located inside the gated confines of the Yacht and Country
Club of Stuart.
18.
On or about Sunday, November 9, 2014 at approximately 8:14 a.m.,
Defendant GULICK CONSTRUCTION employee and Defendant MATTHEWS

permitted guest Robert Gulick called Defendant Y.C.C.S.s security gate at the
entrance of the property.
19.
Defendant GULICK CONSTRUCTION employee and Defendant
MATTHEWS permitted guest Robert Gulick told Defendant Y.C.C.S. employees to
Page 7
allow decedents Gloria Bono and Michael Bono on to the property. One hour later, at
approximately 9:13 a.m., decedents Gloria and Michael Bono arrived at the front gate
of Defendant Y.C.C.S.s property. Defendant Y.C.C.S. employees allowed the
decedents Gloria and Michael Bono on to Defendant Y.C.C.S.s premise.
20.
Upon arrival and entry into Defendant MATTHEWS home, Defendant
GULICK CONSTRUCTION employee and Defendant MATTHEWS permitted guest

Robert Gulick shot and killed Gloria and Michael Bono using Defendant
MATTHEWS ammunition and .22 caliber rifle.
COUNT I
NEGLIGENCE CLAIM AGAINST DEFENDANT
Y.C.C.S. PROPERTY OWNERS ASSOCIATION, INC.
Plaintiffs reallege and readopt paragraphs 1 through 20 above as if set
forth fully herein and further state:
21.
At all times hereinafter mentioned, and at the time of the incident
complained of, Defendant Y.C.C.S. held the Yacht and Country Club of Stuart out to
the public and the decedents as a safe and secure guarded and gated community, and
encouraged members of the public to enter the premises in conjunction with its own
rules and regulations.
22.
At all times material hereto, invitees, including the decedents, had a
right to and did in fact rely upon the ostensible security at the subject community,
Page 8
which was managed and operated by Defendant Y.C.C.S., which held itself out to the
public as being totally secure.
23.
Defendant Y.C.C.S. had a duty to the decedents and to other invitees
lawfully on its premises to maintain the premises in a reasonably safe condition, to

warn them of dangerous conditions existing at the subject community, and to adhere
to their own rules and regulations.
24.
Defendant Y.C.C.S. had a further non-delegable duty to provide
reasonable security measures and/or responsible security personnel to control, patrol,

and guard against the criminal activity which had been occurring at or near the
immediate vicinity of the subject apartment complex.
25.
Defendant Y.C.C.S. had a further duty to adequately supervise and
enforce any security measures already instituted at the time of the incident
complained of herein and to insure that the security measures were adequate and
were being reasonably performed.
26.
Defendant Y.C.C.S. knew or should have known of the criminal activity
occurring at the community and immediate vicinity and/or having the potential
and/or opportunity to occur at the community and its immediate vicinity.
27.
Defendant Y.C.C.S. had actual or constructive notice or knowledge of a
history of criminal activity, including crimes against persons, in and about the subject
community prior to the incident in question.
Page 9
28.
Defendant Y.C.C.S. knew or should have recognized the likelihood of
criminal activity which would endanger invitees present at the subject community.
29.
Defendant Y.C.C.S. knew or should have recognized that any security
measures already implemented at the time of the incident complained of herein were
inadequate and/or not being performed as expected or intended.
30.
Defendant, Y.C.C.S., knew or should have known or recognized that
inadequate security measures would increase the likelihood of criminal activity,

which would endanger invitees at the subject community.
31.
Defendant Y.C.C.S. knew or should have known or recognized that any
security measures implemented at the subject community at the time of the incident
complained of herein were inadequate and unreasonable due to the reasonably
foreseeable risk presented at and before the double murders.
32.
Prior to November 9, 2014 Defendant Y.C.C.S. had actual and/or
constructive knowledge that ROBERT GULICK had taken up residence at the

property owned, operated and maintained by Defendant MATTHEWS and had in fact
become a squatter.
33.
constructive knowledge that ROBERT GULICK was using the property owned,
operated and maintained by Defendant MATTHEWS as a place to conduct business,
which included illicit drug transactions. Thus the Matthew home inside the Yacht
Page 10
and Country Club of Stuart had been transformed into a location for the sale and
purchase of illegal narcotics.
34.
Prior to November 9, 2014, Defendant Y.C.C.S., by and through its
employees and agents, knew or should have known that ROBERT GULICK was a
known drug abuser and drug pusher, who had an extensive criminal record and was
a threat to the residents, visitors, guests and employees of Y.C.C.S.
35.
constructive knowledge that drug dealing and pervasive drug use was taking place
out of other residences in the Yacht and Country Club of Stuart, including at least
one incident at 1502 Court Drive in the Yacht and Country Club of Stuart in 2014.
36.
Prior to November 9, 2014, Defendant Y.C.C.S. routinely and consistent
treated ROBERT GULICK as though he was a property owner and/or lawful tenant
of the Y.C.C.S., including waiving him through the security gates without evidence
that he was entering the Y.C.C.S for official business or on the instruction of a lawful
owner or resident which is required by Y.C.C.S.s own rules and regulations.
37.
Prior to November 9, 2014, Defendant Y.C.C.S. knew that ROBERT
GULICKs vehicle was parked outside and in front of the MATTHEWS property for
extended periods, including days and weeks, in direct violation of Y.C.C.S.s own rules
and regulations.
Page 11
38.
Prior to November 9, 2014, Defendant Y.C.C.S. knew that ROBERT
GULICK had taken up residence at the property owned, maintained and operated by
Defendant MATTHEWS and made no effort to contact Defendant JUDITH
MATTHEWS to ascertain whether GULICK was properly permitted to be living at
said property.
39.
Prior to and including November 9, 2014, Defendant Y.C.C.S. failed to
take any steps or measures to enforce its own rules and regulations regarding cars
being left in driveways for any purpose other than loading or unloading.
40.
Prior to November 9, 2014, Y.C.C.S. knew or should have known that
ROBERT GULICK had no authority to admit visitors or any other persons to the
property of Y.C.C.S.
41.
On November 9, 2014, after ROBERT GULICK called the front gate, the
employees of Y.C.C.S. did in fact admit decedents Gloria Bono and Michael Bono, Jr.,
who then became visitors of the Yacht and Country Club of Stuart to which Y.C.C.S
owed a higher duty of care.
42.
Defendant Y.C.C.S. owed a duty to the public, as well as residents,
visitors and invitees of the Y.C.C.S., including the decedents, to refrain from
harboring a drug abusing drug dealer.
43.
Defendant Y.C.C.S. further owed a duty of reasonable care to the public,
as well as residents, visitors and invitees of the Y.C.C.S., including the decedents, to
Page 12
provide reasonable security, to prevent or deter foreseeable crime, and to warn of

hazards known to the defendant or which the defendant would have greater
knowledge or ability to know.
44.
Defendant Y.C.C.S. further undertook a duty to provide adequate
security to protect the visitors and invitees at Y.C.C.S., and did so for a fee and other
remuneration.
45.
Defendant, Y.C.C.S., through its agents, employees, officers, security
team, staff, administrators, representatives, and/or servants breached its duty owed
to the public, invitees, and decedents Gloria Bono and Michael Bono, by committing
one or more of the following negligent acts of commission and/or omission:
a.
Negligently failed to provide adequate security;
b.
Negligently failed to provide adequate security despite

knowledge, actual or constructive, of the unreasonable and
unforeseeable risk of harm by conditions occurring at the subject
apartment complex;
c.
Negligently exposed Gloria Bono and Michael Bono to a

foreseeable and unreasonable risk of harm;
d.
Negligently failed to warn of the foreseeable and unreasonable

risk of harm created by conditions at the community of which this
Defendant was aware or should have been aware and of which the
decedents Michael Bono and Gloria Bono were not aware, nor, in
the exercise of reasonable care, of which they should or could have
been aware;
e.
Negligently failed to control and adequately supervise the subject

community, including known and suspected criminal activity
Page 13
which the Defendant had reason to know was taking place on the
premises;
f.
Negligently failed to oversee and/or supervise existing security

measures to insure that such measures were being adequately
performed;
g.
Negligently failed to improve any existing security measures that

said Defendant, knew or through the exercise of reasonable care
should have known were inadequate and/or ineffective and/or
inefficiently performed or executed;
h.
Negligently failed to establish adequate standards for the safe

operation and management of the subject community;
i.
Negligently failed to implement adequate standards for the safe

operation and management of the subject community;
j.
Negligently failed to provide reasonable and adequately trained

personnel to provide protection for the decedents Gloria Bono and
Michael Bono, and lawful invitees;
k.
Negligently allowed a non-resident worker to be present on a

Sunday, in violation of Y.C.C.S. rules and regulations;
l.
Negligently allowed a non-resident/non-homeowner to authorize

guests on the property, in violation of Y.C.C.S. rules and
regulations;
m.
Negligently failed to perform routine checks of exterior of

residences during homeowner extended absences;
n.
Negligently failed to appropriately maintain security equipment

on the subject premises;
o.
Negligently failed to provide reasonable and adequate orientation

and supervision to employees, agents, representatives, servants,
and/or security personnel;
Page 14
n.
Negligently and/or recklessly made decisions about the

maintenance and security of the subject community based on
Y.C.C.S.s own economic benefit and in reckless disregard for the
safety of the public, including the decedents, Michael and Gloria
Bono;
q.
Negligently failed to adopt such other security measures which

were necessary and reasonable to protect and safeguard the lives
of invitees and individuals present at or near the subject
community such as the decedents Michael Bono and Gloria Bono;
r.
Negligently failed to enforce their own rules and regulations

which were established to prevent and deter crime and maintain
a safe environment;
s.
Negligently harbored a known drug abuser and drug dealer and

failed to take any reasonable action to prevent him from accessing
the Y.C.C.S.;
t.
Negligently allowed a non-resident to become a squatter in a

home in the Y.C.C.S. and treated said non-resident squatter as a
resident, allowing him to pass unchecked in and out of the guard
gated community and conduct drug-related transactions within
the Y.C.C.S. community;
u.
Negligently failed to protect visitors to the Y.C.C.S., including the

decedents Gloria Bono and Michael Bono, Jr., when the
Defendants knew, or in the exercise of reasonable care should
have known, that they were at risk of serious bodily harm;
v.
Negligently failing to utilize manned, live and recorded security

cameras throughout the Y.C.C.S. and instead utilized
nonfunctional dummy cameras which violate all accepted
security standards, customs and practices;
w.
Negligently failed to retain recordings from security videos

consistent with the law, lawful requests, and industry standards;
x.
Negligently misrepresented to the public the extent, level and

quality of security afforded at and by Y.C.C.S.;
Page 15
y.
46.
Were otherwise negligent in their management of the subject

community.
As a direct and proximate result of Defendant Y.C.C.S.s negligence,
GLORIA BONO and MICHAEL BONO, JR. were shot and killed at the subject
premises.
47.
As a further direct and proximate result of the negligence of the
Defendant Y.C.C.S., LISA MELISSE, as personal representative of the Estate of

GLORIA BONO, deceased, and MICHAEL BONO, SR., as personal representative of
the Estate of MICHAEL BONO, JR., deceased, bring this action on behalf of all actual
and potential survivors and beneficiaries of the deceased.
48.
As a direct and proximate cause of Defendant Y.C.C.S.s negligence,
LISA MELISSE, as personal representative of the Estate of GLORIA BONO,

deceased, is entitled to recover all damages allowed, pursuant to Florida's Wrongful
Death Act, Section 768.16 et seq., Florida Statutes.
49.
MICHAEL BONO, SR., as personal representative of the Estate of MICHAEL BONO,

JR., deceased, is entitled to recover all damages allowed, pursuant to Florida's
Wrongful Death Act, Section 768.16 et seq., Florida Statutes.
50.
Page 16
deceased, has in the past suffered and will suffer in the future mental pain and
suffering, loss of past and future support and services, loss of her mothers
companionship, instruction and guidance.
51.

JR., deceased, has in the past suffered and will suffer in the future mental pain and
suffering, loss of past and future support and services, loss of his sons
companionship.
WHEREFORE, Plaintiffs demand judgment against Defendant Y.C.C.S. for
damages in excess of $15,000, including pre-judgment and post-judgment interest to
the extent allowed by law, plus costs and interest, and demand trial by jury of all
issues.
COUNT II
SPOLIATION/DESTRUCTION OF EVIDENCE CLAIM
AGAINST DEFENDANT Y.C.C.S. PROPERTY OWNERS ASSOCIATION, INC.
Plaintiffs reallege and readopt paragraphs 1 through 51 above as if set forth
fully herein and further state:
52.
On or about November 9, 2014, Detective Michael A. Oliver of the
Martin County Sheriffs Office was taken by Defendant Y.C.C.S. employee and
Director of Safety & Security, Gabe Hernandez, to observe surveillance video at the
Page 17
guard gate. The surveillance video showed the decedents, arriving at the front gate
of Defendant Y.C.C.S. on November 9, 2015 at 9:13 a.m. At that time, Detective Oliver
requested that Defendant Y.C.C.S. preserve the video and make a copy for the double
homicide investigation. He took a photo of one frame (Fig. 1 below).
53.
By November 12, 2014, the surveillance video had been destroyed by
Defendant Y.C.C.S.
54.
Defendant Y.C.C.S. owed a duty to preserve the surveillance as critical
evidence in both a double murder investigation as well as the civil case current filed.
55.
Defendant Y.C.C.S. undertook and assumed a duty to preserve the
critical evidence following the double homicide on its property on November 9, 2014,
specifically by reassuring the Martin County homicide detective that the surveillance
video would be preserved and duplicated.
Fig. 1: Sole screen shot of surveillance video taken November 9, 2014 showing
Gloria Bono and Michael Bono, Jr. entering Yacht and Country Club of Stuart.
Page 18
56.
Defendant Y.C.C.S. owed a duty to the public, including the Plaintiffs
herein, to preserve the critical evidence, which they have failed to do thus breaching
their duty and impairing the Plaintiffs ability to fully investigate and prove their
case.
57.
Plaintiffs are entitled to a remedy under Florida law which includes one
or all of the following:

a.
Striking of the Defendant Y.C.C.S. pleadings and defenses;
b.
A rebuttable presumption of negligence;
c.
An instruction to the jury pursuant to Public Health Trust v.

Valcin, 507 So.2d 596 (Fla. 1987);
d.
Other sanctions to be determined by the Court based on equitable

principles.
WHEREFORE, Plaintiffs demand judgment against Defendant Y.C.C.S. for

damages in excess of $15,000, including pre-judgment and post-judgment interest to
the extent allowed by law, plus costs and interest, and demand trial by jury of all
issues, in addition to the sanctions and remedies set forth herein.
COUNT III
NEGLIGENCE CLAIM AGAINST DEFENDANT JUDITH L. MATTHEWS
Page 19
58.
complained of, Defendant, MATTHEWS, owned, managed, operated, maintained

and/or controlled her home, which was located at 3214 SE Fairway West, Stuart,
Florida, 34997 in the Yacht and Country Club of Stuart (Y.C.C.S.).
59.
At all times material, Defendant MATTHEWS hired, retained and/or
arranged to provide that Defendant GULICK CONSTRUCTION employee Robert

Gulick had access to her residence presumably for maintenance and repairs.
60.
Defendant, MATTHEWS owed a duty to the public and the decedents
and to other invitees lawfully on Y.C.C.S. and her premises to maintain her premises
in a reasonably safe condition, to warn them of dangerous conditions existing on her
premise, to adhere to Defendant Y.C.C.S.s rules and regulations, and to ensure that
the individuals she tasked with overseeing and maintaining her property were not
dangerous and/or susceptible to committing harm.
61.
Defendant MATTHEWS knew or in the exercise of reasonable care
should have known that by providing GULICK access to and a key to her residence,
he would have unfettered access to the Y.C.C.S. and her home, including the contents
of said home.
62.
Defendant MATTHEWS knew that in her home was an unlocked,
unsecured firearm and unused ammunition for said firearm.
Page 20
63.
Defendants MATTHEWS knew that by providing unfettered access to
her home at the Y.C.C.S. she would in essence be turning over to that person the keys
to a loaded firearm.
64.
Defendant MATTHEWS knew, or in the exercise of reasonable care
should have known, that GULICK was a drug abuser and had a long record of serious
crimes.
65.
should have known, that by providing GULICK unfettered access to a loaded firearm
she was unleashing a deadly hazard to the public.
66.
should have known, that by providing GULICK with unfettered access to her home
he would take up residence there.
67.
should have known, that prior to and on November 9, 2014, GULICK was a
permitted resident of Y.C.C.S. upon her authority and acted on her behest with
regard to Y.C.C.S.
68.
should have known, that by her allowing GULICK to be a permitted resident of her
home, other parties including Y.C.C.S. might have allowed him free access to and
from the community through the guard gates and might have allowed him to call and
Page 21
allow access for others including visitors and guests. In fact, by so allowing Robert
Gulick to take up residence in her home, Defendant MATTHEWS created an
additional special duty of care by essentially vouching for Robert Gulick within
Y.C.C.S.
69.
Defendant, MATTHEWS had actual and/or constructive notice or
knowledge of Defendant GULICK CONSTRUCTION employee Robert Gulicks

history of criminal activity and behavior.
70.
Defendant, MATTHEWS knew or should have recognized the likelihood
of criminal activity
that
could occur
by
entrusting
Defendant GULICK
CONSTRUCTION employee Robert Gulick with a key to her home and allowing a
repeat drug abuser and criminal to oversee her property unsupervised.
71.
Defendant, MATTHEWS, individually and through her agents,
employees, representatives, and/or servants breached the duty owed to invitees and
the decedents Gloria Bono and Michael Bono by committing one or more of the
following negligent acts of commission and/or omission:
a.
Negligently failed to provide an adequate and safe premise;
b.

c.
Negligently failed to warn of the foreseeable and unreasonable

risk of harm created by conditions at the community of which this
Defendant was aware or should have been aware and of which the
decedents Michael Bono and Gloria Bono were not aware, nor, in
Page 22
the exercise of reasonable care, of which they should or could have

been aware;
72.
d.
Negligently allowed a non-resident worker to be present on a

Sunday, in violation of Y.C.C.S. rules and regulations;
e.
Negligently allowed a non-resident/non-homeowner to authorize

guests on the property, in violation of Y.C.C.S. rules and
regulations;
f.
Negligently provided Robert Gulick with a key and unfettered

and unsupervised access to her property;
g.
Negligently failed to only provide the Y.C.C.S. with a spare key to

her property and release keys to her property solely at her
request, in violation of Y.C.C.S. rules and regulations;
h.
Negligently failed to adequately perform any background check

on Robert Gulick;
i.
Negligently hired Robert Gulick as a handyman for her property;
j.
Negligently failed to properly supervise Robert Gulick while he

was on her property;
k.
Negligently maintained ammunition and a .22 caliber rifle on her

property unlocked and readily accessible;
l.
Negligently ignored all warning signs that Robert Gulick had

become a permitted visitor and/or squatter in her home at the
Y.C.C.S.
As a direct and proximate result of Defendant MATTHEWS negligence,
GLORIA BONO and MICHAEL BONO, JR., were shot and killed at the subject
premises.
Page 23
73.
Defendant MATTHEWS, LISA MELISSE, as personal representative of the Estate

of GLORIA BONO, deceased, and MICHAEL BONO, SR., as personal representative
of the Estate of MICHAEL BONO, JR., deceased, bring this action on behalf of all
actual and potential survivors and beneficiaries of the deceased.
74.
As a direct and proximate cause of Defendant MATTHEWS negligence,

deceased, is entitled to recover all damages allowed, pursuant to Florida's Wrongful
Death Act, Section 768.16 et seq., Florida Statutes.
75.

JR., deceased, is entitled to recover all damages allowed, pursuant to Florida's
76.

deceased, has in the past suffered and will suffer in the future mental pain and
suffering, loss of past and future support and services, loss of her mothers
77.
Page 24
JR., deceased, has in the past suffered and will suffer in the future mental pain and
suffering, loss of past and future support and services, loss of his sons
companionship.
WHEREFORE, Plaintiffs demand judgment against Defendant MATTHEWS
for damages in excess of $15,000, including pre-judgment and post-judgment interest
to the extent allowed by law, plus costs and interest, and demand trial by jury of all
issues.
COUNT IV
NEGLIGENT ENTRUSTMENT CLAIM
AGAINST DEFENDANT JUDITH L. MATTHEWS
78.
complained of, Defendant, MATTHEWS, owned, managed, operated, maintained

and/or controlled her home, which was located at 3214 SE Fairway West, Stuart,
Florida, 34997 in the Yacht and Country Club of Stuart (Y.C.C.S.).
79.
At all times material, Defendant MATTHEWS provided unfettered
access of her home and its contents to Defendant GULICK CONSTRUCTION

employee Robert Gulick.
Page 25
80.
Defendant, MATTHEWS owed a duty to the public and the decedents
and to other invitees lawfully on Y.C.C.S. and her premises to act with reasonable
care in entrusting any dangerous instrumentality to others.
81.
Defendant MATTHEWS owned and maintained a certain firearm in her
home located at 3214 SE Fairway West, Stuart, Florida, 34997 in the Yacht and
Country Club of Stuart (Y.C.C.S.), to wit a .22 caliber rifle. Said rifle was loaded
and/or there was live ammunition accessible within her home at all times material.
82.
Defendant MATTHEWS knew or in the exercise of reasonable care
should have known that by providing GULICK access to and a key to her residence,
he would have unfettered access to the contents of her home including the .22 caliber
rifle and ammunition, a dangerous instrumentality.
83.
At no time prior to November 9, 2014 was the subject firearm kept
locked or otherwise unavailable to Robert Gulick.

84.
Defendants MATTHEWS knew that by providing unfettered access to
her house she would in essence be turning over to Robert Gulick the keys to a loaded
firearm.
85.
should have known, that Robert Gulick was a drug abuser, drug dealer, and had a
long record of serious crimes, and had a propensity for violence to himself and others.
Page 26
86.
should have known, that by providing GULICK unfettered access to a loaded firearm
she was unleashing a deadly hazard on the public.
87.
should have known, that she should have performed a background check, criminal
records search, or other perfunctory check on Robert Gulick before she handed him
the keys to her loaded .22 caliber rifle.
88.
should have known, that prior to and on November 9, 2014, she had made Robert
Gulick a permitted resident of Y.C.C.S. upon her authority, who then acted on her
behest within the Y.C.C.S.
89.
Defendant, MATTHEWS, individually and/or through her agents,
employees, representatives, and/or servants breached the duty owed to invitees and
the decedents Gloria Bono and Michael Bono by committing one or more of the
following negligent acts of commission and/or omission:
a.
Negligently entrusted Robert Gulick with a loaded .22 caliber

firearm, who then shot and killed the decedents then shot and
killed himself;
b.
Negligently provided Robert Gulick with a key and unfettered

and unsupervised access to her property; and,
c.
Negligently maintained ammunition and a .22 caliber rifle on her

property unlocked and readily accessible.
Page 27
90.
As a direct and proximate result of Defendant MATTHEWS negligent
entrustment, GLORIA BONO and MICHAEL BONO, JR., were shot and killed at the
subject premises.
91.
As a further direct and proximate result of the negligent entrustment
by the Defendant MATTHEWS, LISA MELISSE, as personal representative of the

Estate of GLORIA BONO, deceased, and MICHAEL BONO, SR., as personal
representative of the Estate of MICHAEL BONO, JR., deceased, bring this action on
behalf of all actual and potential survivors and beneficiaries of the deceased.
92.
As a direct and proximate cause of Defendant MATTHEWS negligent
entrustment, LISA MELISSE, as personal representative of the Estate of GLORIA

BONO, deceased, is entitled to recover all damages allowed, pursuant to Florida's
93.
entrustment, MICHAEL BONO, SR., as personal representative of the Estate of

MICHAEL BONO, JR., deceased, is entitled to recover all damages allowed, pursuant
to Florida's Wrongful Death Act, Section 768.16 et seq., Florida Statutes.
94.
entrustment, LISA MELISSE, as personal representative of the Estate of GLORIA

BONO, deceased, has in the past suffered and will suffer in the future mental pain
Page 28
and suffering, loss of past and future support and services, loss of her mothers
95.
entrustment, MICHAEL BONO, SR., as personal representative of the Estate of

MICHAEL BONO, JR., deceased, has in the past suffered and will suffer in the future
mental pain and suffering, loss of past and future support and services, loss of his
sons companionship.
WHEREFORE, Plaintiffs demand judgment against Defendant MATTHEWS
for damages in excess of $15,000, including pre-judgment and post-judgment interest
to the extent allowed by law, plus costs and interest, and demand trial by jury of all
issues.
COUNT V
NEGLIGENCE CLAIM AGAINST
DEFENDANT GULICK CONSTRUCTION COMPANY, INC.
96.
complained of, Defendant, GULICK CONSTRUCTION, managed, serviced and

provided employees to Defendant MATTHEWS home, which was located at 3214 SE
Fairway West, Stuart, Florida, 34997 inside the Yacht and Country Club of Stuart.
Page 29
97.
At all times material, Defendant MATTHEWS arranged to have
Defendant GULICK CONSTRUCTION employee Robert Gulick maintain and

oversee her residence.
98.
GULICK CONSTRUCTION provided the introduction of Robert Gulick to Defendant

MATTHEWS and provided him with initial access to the subject home.
99.
Defendant GULICK CONSTRUCTION had a duty to the public,
including the decedents and to other invitees and landowners, to insure that the
individuals that were employed by Defendant GULICK CONSTRUCTION, like
Robert Gulick, were not criminals, dangerous and/or susceptible to committing harm,
that their employees would not create dangerous conditions at the properties that
they maintained and to which they had access, and that to would warn customers
and prevent the public from harm committed by their employees.
100.
Defendant GULICK CONSTRUCTION further owed a duty to the public
and the decedents to properly supervise its employees, especially and including
Robert Gulick and employees with known drug abuse and criminal arrest histories
and ongoing drug use problems.
101.
Defendant GULICK CONSTRUCTION had actual and/or constructive
notice or knowledge of Defendant GULICK CONSTRUCTION employee Robert
Page 30
Gulicks history of criminal activity and behavior, which included over a dozen
arrests, criminal charges, ongoing drug abuse and drug dealing.
102.
Defendant GULICK CONSTRUCTION knew or should have recognized
the likelihood of criminal activity that could occur by entrusting Defendant GULICK
CONSTRUCTION employee Robert Gulick to oversee or have unfettered access to
properties without adequate supervision.
103.
Defendant GULICK CONSTRUCTION knew that without proper
supervision and/or warning, members of the public and/or customers might allow
Robert Gulick access to their homes without any idea that he was a dangerous drug
abuser, criminal and/or drug dealer and had a propensity for violence and selfdestruction.
104.
Defendant GULICK CONSTRUCTION, through its agents, employees,
representatives and/or servants, breached the duty it owed to the public, including
invitees, guests and the decedents Gloria Bono and Michael Bono, by committing one
or more of the following negligent acts of commission and/or omission:
a.

b.
Negligently allowed an employee worker to be present on a

Sunday at Y.C.C.S., in violation of Y.C.C.S. rules and regulations;
c.
Negligently failed to intervene and stop employee Robert Gulicks

unfettered access and usage of a customers home;
Page 31
d.
Negligently knew of Robert Gulicks criminal history yet

negligently hired and retained him as an employee;
e.
Negligently failed to properly supervise Robert Gulick while he

was working;
f.
Negligently introduced Robert Gulick to residents and

homeowners of the Y.C.C.S. community, including Defendant
MATTHEWS;
g.
Negligently failed to first ensure that Defendant MATTHEWS

home was appropriate for employee Robert Gulick to maintain;
h.
Negligently failed to warn customers of Robert Gulicks criminal

history, ongoing drug abuse, and propensity for violence and selfdestruction;
i.
Negligently failed to advise Defendant MATTHEWS that Robert

Gulick was occupying and/or entering her house for purposes
other than repairs and maintenance;
j.
Negligently knew that Robert Gulick had unfettered access to

Y.C.C.S. and MATTHEWS home but failed to advise either of
those Defendants the Robert Gulick was not working at the time;
k.
Negligently failed to take remedial action to place or encourage

Robert Gulick in rehabilitation and/or contact law enforcement
when Defendant GULICK CONSTRUCTION knew Robert Gulick
was abusing drugs, selling drugs, was involved in criminal
enterprises, and was a threat of violence to himself and others;
and
l.
and were otherwise negligent in their operation of GULICK

CONSTRUCTION in general and the supervision and
employment of employee Robert Gulick.
Page 32
105.
As
direct
and
proximate
result
of
Defendant
GULICK
CONSTRUCTIONs negligence, GLORIA BONO and MICHAEL BONO, JR., were

shot and killed at the subject premises.
106.
Defendant GULICK CONSTRUCTION, LISA MELISSE, as personal representative

of the Estate of GLORIA BONO, deceased, and MICHAEL BONO, SR., as personal
representative of the Estate of MICHAEL BONO, JR., deceased, bring this action on
behalf of all actual and potential survivors and beneficiaries of the deceased.
107.
As
direct
and
proximate
cause
of
Defendant
GULICK
CONSTRUCTIONs negligence, LISA MELISSE, as personal representative of the

Estate of GLORIA BONO, deceased, is entitled to recover all damages allowed,
pursuant to Florida's Wrongful Death Act, Section 768.16 et seq., Florida Statutes.
108.
As
direct
and
proximate
cause
of
Defendant
GULICK
CONSTRUCTIONs negligence, MICHAEL BONO, SR., as personal representative

of the Estate of MICHAEL BONO, JR., deceased, is entitled to recover all damages
allowed, pursuant to Florida's Wrongful Death Act, Section 768.16 et seq., Florida
Statutes.
109.
As
direct
and
proximate
cause
of
Defendant
GULICK
CONSTRUCTIONs negligence, LISA MELISSE, as personal representative of the

Estate of GLORIA BONO, deceased, has in the past suffered and will suffer in the
Page 33
future mental pain and suffering, loss of past and future support and services, loss of
her mothers companionship, instruction and guidance.
110.
As
direct
and
proximate
cause
of
Defendant
GULICK
CONSTRUCTIONs negligence, MICHAEL BONO, SR., as personal representative

of the Estate of MICHAEL BONO, JR., deceased, has in the past suffered and will
suffer in the future mental pain and suffering, loss of past and future support and
services, loss of his sons companionship.
DATED THIS 29th day of June, 2016.
LEIGHTON LAW, P.A.
Attorneys for Plaintiffs MELISSE and BONO
1401 Brickell Avenue, Suite 900
Miami, FL 33131
Phone: (305) 347-3151
Fax:
(305) 675-0123
Email: John@Leightonlaw.com
Max@Leightonlaw.com
Carmen@Leightonlaw.com
Leomarys@Leightonlaw.com
By:
JOHN ELLIOTT LEIGHTON
Florida Bar No. 507921
MAX N. PANOFF
Florida Bar No. 84548

Double Murder Lawsuit

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Double Murder Lawsuit

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FOR IMMEDIATE RELEASE

Wrongful death suit filed for double homicide

About Leighton Law, P.A.

For more information, contact:

Filing # 43367171 E-Filed 06/29/2016 11:50:49 AM

IN THE CIRCUIT COURT OF THE

COMPLAINT FOR DAMAGES

Estate of Bono v. Y.C.C.S. PROPERTY OWNERS ASSOCIATION, INC., et al.

This is an action for damages in excess of the minimum jurisdictional

limits of this Court of $15,000.00, exclusive of interest and costs.

Plaintiff LISA MELISSE, is the duly appointed personal representative

Plaintiff MICHAEL BONO, SR., has been or is in the process of being

appointed the personal representative of the Estate of MICHAEL BONO, JR.,

At all times material, Defendant Y.C.C.S. PROPERTY OWNERS

ASSOCIATION, INC. (hereafter Y.C.C.S.) was and is a Florida corporation, doing

Defendant, Y.C.C.S. owned, managed, operated, maintained and/or controlled the

At all times material, Defendant JUDITH L. MATTHEWS (hereafter

Defendant, MATTHEWS owned, managed, operated, maintained and/or controlled

ESTATE OF BONO v. Y.C.C.S PROPERTY OWNERS ASSOCIATION, INC, et. al.

COMPLAINT FOR DAMAGES

where this incident took place. As a result Defendant MATTHEWS exercised

COMPANY, INC. (hereafter GULICK CONSTRUCTION) was and is a Florida

Defendant, GULICK CONSTRUCTION, managed, serviced, and provided employees

ESTATE OF BONO v. Y.C.C.S PROPERTY OWNERS ASSOCIATION, INC, et. al.

COMPLAINT FOR DAMAGES

agents, employees, representatives, and/or servants, and exercised jurisdiction and

Prior to November 9, 2014, Defendant MATTHEWS provided a key to

At all times material, Defendant MATTHEWS owned and maintained a

firearm at the subject property, in addition to ammunition for said firearm. At no

At all times material, and prior to November 9, 2014, Defendant

ESTATE OF BONO v. Y.C.C.S PROPERTY OWNERS ASSOCIATION, INC, et. al.

COMPLAINT FOR DAMAGES

At all times material, and prior to November 9, 2014, Defendant

At all times material, and prior to November 9, 2014, Defendant

On or about Sunday, November 9, 2014 at approximately 8:14 a.m.,

Defendant GULICK CONSTRUCTION employee and Defendant MATTHEWS

Defendant GULICK CONSTRUCTION employee and Defendant

MATTHEWS permitted guest Robert Gulick told Defendant Y.C.C.S. employees to

ESTATE OF BONO v. Y.C.C.S PROPERTY OWNERS ASSOCIATION, INC, et. al.

COMPLAINT FOR DAMAGES

Upon arrival and entry into Defendant MATTHEWS home, Defendant

GULICK CONSTRUCTION employee and Defendant MATTHEWS permitted guest

At all times hereinafter mentioned, and at the time of the incident

At all times material hereto, invitees, including the decedents, had a

ESTATE OF BONO v. Y.C.C.S PROPERTY OWNERS ASSOCIATION, INC, et. al.

COMPLAINT FOR DAMAGES

Defendant Y.C.C.S. had a duty to the decedents and to other invitees

lawfully on its premises to maintain the premises in a reasonably safe condition, to

Defendant Y.C.C.S. had a further non-delegable duty to provide

reasonable security measures and/or responsible security personnel to control, patrol,

Defendant Y.C.C.S. had a further duty to adequately supervise and

Defendant Y.C.C.S. knew or should have known of the criminal activity

Defendant Y.C.C.S. had actual or constructive notice or knowledge of a

ESTATE OF BONO v. Y.C.C.S PROPERTY OWNERS ASSOCIATION, INC, et. al.

COMPLAINT FOR DAMAGES

Defendant Y.C.C.S. knew or should have recognized the likelihood of

Defendant Y.C.C.S. knew or should have recognized that any security

Defendant, Y.C.C.S., knew or should have known or recognized that

inadequate security measures would increase the likelihood of criminal activity,

Defendant Y.C.C.S. knew or should have known or recognized that any

Prior to November 9, 2014 Defendant Y.C.C.S. had actual and/or

constructive knowledge that ROBERT GULICK had taken up residence at the

Prior to November 9, 2014 Defendant Y.C.C.S. had actual and/or