Legal News

The sisters of a man who suffered brain injury in a bus accident have hit out a court decision to make his wife the sole trustee of the trust set up with his compensation.

Graphic designer Vincenzo Bollito was seriously injured when he became trapped in the doors of a night bus outside the Haymarket Theatre in London’s West End. The driver drove off with Mr Bollito trapped – he was thrown onto the road at force and sustained a serious head injury, leaving him with permanent brain injury resulting in cognitive impairment, partial sight and memory problems.

Mr Bollito also had to learn to walk again following the accident, which happened in July 2005.

Compensation was paid into a trust administered by his wife as sole trustee, who later went to live in Italy with their child.

As well as the lump sum of £1.3m, Mr Bollito had also been awarded £31,500 as an annual payment for his continuing care.

Mr Bollito’s sisters, Anna and Ida Bollito, say their brother was not cared for adequately under the terms of the trust – and sometimes received under £500 per month to live off.

An inquest into his death last week heard Mr Bollito was found dead at his home in August 2012, aged 39.

A pathologist recorded Mr Bollito’s death as “sudden adult death” and noted the head injury he had sustained in the accident.

Mr Bollito – from Thornton Heath in Surrey – had been awarded £1.3 million in compensation for the injuries he received in the accident.

At an inquest into his death, Mr Bollito’s sisters criticised the court’s decision not to appoint more than one deputy (trustee) to make sure their brother received the level of care he needed after his accident.

However, his sisters allege their brother’s care and income diminished after his wife moved to Italy in 2010 – and are calling for a change in the law so that either two trustees are appointed as deputies for the Court, or the Court oversees the trust to make sure the beneficiary is receiving the financial help and care due to them.

“We feel the courts should have been looking at how the money was being spent to benefit Enzo,” Ida told the Croydon Guardian.

“They said the money needed to be spent on him either for therapy and rehabilitation courses to improve his walking, or for medical and general care – and not enough of it was.”

Anna said that the money Mr Bollito was awarded had not been spent to benefit their brother:

“The money wasn’t spent in the right way for our brother – if there was more control from the court or two people were in charge, more would have been spent on his care and needs,” she added.

“We didn’t want any of the money – we just wanted it to be spent correctly.

“We wrote to the Court of Protection to say his wife had left the country and they never answered us.”

The Court of Protection is administered by the Ministry of Justice – a spokeswoman said it could not comment on individual cases, but added that all deputies were supervised to make sure they acted responsibly in their care of vulnerable people – and in cases of financial abuse, action would be taken and a “zero tolerance” approach taken.

A narrative verdict was recorded at the inquest into Mr Bollito’s death last week.

Croydon North MP Steve Reed has said he will raise the concerns of Anna and Ida Bollito in Parliament.

Duncan Lewis Personal Injury Solicitors

Duncan Lewis is one of the leading personal injury solicitors in the UK and also handles cases funded with Legal Aid.

Catastrophic injuries such as brain injury fall under the area of law known as personal injury.

Duncan Lewis solicitors can advise families on making claims for personal injury compensation – or legal matters relating to health and/or welfare issues under the Mental Capacity Act 2005, such as Court of Protection.

For expert legal advice on personal injury and personal injury settlements, contact Duncan Lewis personal injury lawyers on 020 7923 4020 – or call the Duncan Lewis Mental Health Solicitors Helpline on 0203 114 1124.