DETROIT (WWJ) – A lawyer is seeking $10 million on behalf of the family of a 3-year-old girl who was killed when she was hit by a table that folded into a gymnasium wall in Dearborn Heights.

Gregory J. Rohl, representing Tabatha Kerr — the victim’s mother — filed a wrongful death lawsuit Wednesday in Wayne County against the Archdiocese of Detroit, Wayne Metropolitan Community Action Agency and St. Albert the Great Church in Dearborn Heights.

The lawsuit says children were at recess Jan. 20 at the church when the table “unexpectedly and without notice detached from the wall and fell directly” onto Lilliana Kerr, who was attending a Head Start program.

The incident was witnessed by a gym full of small children, who were reportedly horrified.

The child’s death was found to be accidental, and no criminal charges were filed.

“I think the only thing that’s going to help her (Tabatha Kerr) is knowing that her daughter didn’t die in vain, and that because of this tragedy at least other children are gonna be protected,” Rohl said. “That something will be done on a higher level than just a court level to ensure that other children are safe; safeguarded against what are, you know, 50-year-old structures.”

Rohl is also calling on Michigan lawmakers to require more inspections at schools to make sure kids are safe.

The Archdiocese of Detroit says it does not comment on pending legislation.


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