Mother of girl who died in freak accident says attorney stole payout

A Michigan mother says she has been living in “hell on Earth” for nearly a decade after her three-year-old daughter was killed in a freak cafeteria-table accident—and the $600,000 she was meant to receive was allegedly taken by her attorney.

Tabatha Kerr said her daughter, Lilliana, was playing with a ball on the gymnasium floor at St. Albert the Great Catholic Church in Dearborn Heights in January 2017 when a 350-pound table toppled onto the child.

Lilliana died in the accident. Since then, her grieving mother has pursued legal action while seeking accountability for the loss of her daughter.

Kerr, now 39, filed a wrongful-death lawsuit against the school and ultimately secured a $2.5 million settlement.

However, Kerr said she was supposed to receive her family’s portion of the settlement about eight years ago, but the money remained in the hands of her former lawyer, Gregory Rohl, she told Click on Detroit.

“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 brought a three-count formal complaint accusing him of misappropriating court-ordered funds and failing to distribute them, according to a disbarment and restitution notice reviewed by Our News Outlet. He pleaded no contest to the allegations.

The notice alleged that Rohl used the money for purposes unrelated to the case, failed to release the children’s shares despite court orders, and later gave false statements to a beneficiary’s attorney and the Attorney Grievance Commission about his role in handling and distributing the settlement funds.

Lilliana Kerr, three, died in January 2017 after a 350lb cafeteria table fell on her at  St. Albert the Great Catholic Church in Dearborn Heights, Michigan

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, now 39, filed a wrongful death lawsuit against the school after her daughter's death and was awarded a $2.5 million settlement, but she was never delivered her shares

Tabatha Kerr, now 39, won a $2.5 million wrongful-death settlement after her daughter’s death, but says she never received her share of the award

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, however, that he never knowingly took money from a client.

Her lawyer, Gregory Rohl, was disbarred on October 1 after a grievance administrator filed a three-count formal complaint against him, alleging that he misappropriated and failed to distribute court-ordered funds

Attorney Gregory Rohl was disbarred on October 1 after a grievance administrator accused him of misappropriating settlement funds and failing to distribute money ordered by the court

Rohl, who is recovering from a stroke, told the outlet that his “now deceased partner and office manager” handled the case’s finances after the settlement was received.

He said he trusted the individual, who later took control of his firm, but did not disclose that person’s name.

“What happened in this case is a true tragedy which cost me my 40-year law career,” Rohl said.

In a statement to the publication, he urged readers to review his response to the investigation, saying it provided a timeline and identified everyone he believed was responsible for the missing funds—including his former office manager and a probate attorney appointed by the court to protect the children’s remaining money.

“I have never knowingly taken any monies from any client ever, but the account was in my name, making me ultimately responsible for any loss,” Rohl said.

“I wish only the best for Tabatha and her family. Lilliana’s loss was horrific, and this nightmare just compounds their loss.”

Our News Outlet reported that attempts to reach Rohl were unsuccessful. His law firm website has since been taken down.

The table that killed her daughter was supposed to be removed in 2007, but never was, Tabatha wrote on the Lilliana's Law website

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

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. 

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