Nearly a decade after her young daughter died in a devastating cafeteria-table accident, a Michigan mother says she is enduring what feels like “hell on Earth” after her former attorney allegedly mishandled more than $600,000 from the family’s settlement.
Tabatha Kerr said her three-year-old daughter, Lilliana, was playing with a ball inside the gym at St. Albert the Great Catholic Church in Dearborn Heights in January 2017 when a 350-pound table toppled onto her.
Lilliana died in the freak accident, leaving her mother devastated and determined to pursue accountability for her child.
Kerr, who is now 39, later brought a wrongful-death lawsuit against the school. The case resulted in a $2.5 million settlement.
However, Kerr said the portion of the settlement intended for her family was never turned over. She told Click on Detroit that she had expected to receive the money roughly eight years ago, but it remained in the hands of her attorney, Gregory Rohl.
“Lonely. Quiet. Stressful. Empty. Hollow. Defeating,” Kerr said. “I feel like I’m walking on hell on Earth. I am tired of being kicked while I’m down.”
Rohl was disbarred on October 1 after a grievance administrator filed a three-count complaint accusing him of misappropriating court-ordered funds and failing to distribute them. He entered a no-contest plea, according to a disbarment and restitution notice reviewed by the Daily Mail.
The notice said Rohl allegedly used the money for purposes unrelated to the case, failed to release shares belonging to the children despite court directives and later provided false information to a beneficiary’s attorney and the Attorney Grievance Commission about his role in handling the settlement.
Three-year-old Lilliana Kerr died in January 2017 when a 350-pound cafeteria table fell on her at St. Albert the Great Catholic Church in Dearborn Heights, Michigan
Tabatha Kerr, now 39, won a $2.5 million wrongful-death settlement after her daughter’s death, but says her family never received the money owed to them
Along with losing his law license, Rohl was ordered to pay $659,821.44 in restitution and an additional $1,446.14 in costs.
Rohl has maintained that he never knowingly took funds belonging to a client.
Attorney Gregory Rohl was disbarred on October 1 following a three-count complaint alleging that he misappropriated settlement funds and failed to distribute money ordered by the court
Speaking to the outlet while recovering from a stroke, Rohl said his now-deceased business partner and office manager handled the case’s finances when the settlement was received.
He said he had trusted the individual, who later took control of his law firm, but did not disclose the person’s name.
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“What happened in this case is a true tragedy which cost me my 40-year law career,” Rohl said.
In a statement, he directed readers to his response to the investigation, saying it outlines the timeline and identifies others he believes were responsible, including his former office manager and a probate attorney appointed by the court.
Rohl claimed the probate attorney had been ordered to protect the children’s remaining funds but failed to do so. “I have never knowingly taken any monies from any client ever,” he said, while acknowledging that the account was held in his name, making him ultimately responsible for the loss.
“I wish only the best for Tabatha and her family,” he added. “Lilliana’s loss was horrific, and this nightmare only compounds their grief.”
The Daily Mail said it also tried to reach Rohl for comment. His law firm’s website is no longer online.
The table that killed her daughter was supposed to be removed in 2007, but never was, Tabatha wrote on the Lilliana’s Law website
Lilliana is survived by her mother (pictured together in an undated image), older brother, Jayden, 19, and her twin sister, Tieranie, who is now 13
While Tabatha has been dealing with the financial loss for her family in court, she has also been taking on a larger fight to make sure what happened to her daughter doesn’t happen to other children.
After Lilliana died, she launched proposed legislation called Lilliana’s Law.
Tabatha has led ongoing advocacy for proposed Michigan House Bill No. 4167, which would focus on initiatives for improving school safety and preventing accidents from dangerous and outdated furniture and equipment.
The table that killed her daughter was supposed to be removed in 2007, but never was, Tabatha wrote on the Lilliana’s Law website.
She has gone on to collect more than 32,000 signatures on a Change.org petition to help persuade lawmakers to pass the bill. Tabatha also has a 510-page research book about the risks to children in schools in Michigan and across the US.
‘We don’t know the needs and the conditions of our schools. We can hopefully create an adequate framework to address the cause and effect of the dangers of our schools and what our children are facing to minimize the harm and the loss our children and our families have been facing,’ she told the outlet.
Lilliana is survived by her mother, older brother, Jayden, 19, and her twin sister, Tieranie, who is now 13.