JP

STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE

TABATHA KERR, Individually

And as Personal Representative of the
ESTATE OF LILLIANA KERR, deceased,

Plaintiff, Case No: -NO

v 17-005605-NO
ST. ALBERT THE GREAT CATHOLIC CHURCH, FILED IN MY OFFICE
ARCHDIOCESE OF DETROIT and, WAYNE COUNTY CLERK
WAYNE METROPOLITAN COMMUNITY ACTION AGENCY, 4/11/2017 2:34:41 PM
DBA WAYNE METRO HEAD START, CATHY M. GARRETT

Defendants.

The Law Offices of Gregory J. Rohl, P.C.

GREGORY J. ROHL (P39185)
JAMES H. DUFF (P35562)
Attorneys for Plaintiff
41850 West Eleven Mile Road, Suite 110
Novi, MI 48375
(248) 380-9404

WRONGFUL DEATH COMPLAINT

There is no other Civil Action arising out of the same
transaction or occurrence as alleged in this Complaint,
pending in this Court nor has any such action been previously
filed and dismissed after having been assigned to a judge.

/s/ Gregory J. Rohl

Gregory J. Rohl, Attorney for Plaintiff
James H. Duff, Attorney for Plaintiff

NOW COMES the Plaintiff, Tabatha Kerr, individually and as personal

representative of the Estate of Lilliana Kerr, deceased, by and through her attorneys,
THE LAW OFFICES OF GREGORY J. ROHL, P.C., and for her Cause of Action against

the above named Defendants, states onto this Honorable Court as follows:

1. That at all pertinent times hereto, Plaintiff, Tabatha Kerr, was a resident of The

City of Dearborn Heights, County of Wayne, State of Michigan.

2. That at all times pertinent hereto, Defendant, St. Albert the Great Catholic

Church, owned, operated and/or possessed certain properties located at 4855

Parker Street, City of Dearborn Heights, County of Wayne, State of Michigan

and/or 4761 Parker Street, City of Dearborn Heights, County of Wayne, State of

Michigan.

3. That at all times pertinent hereto, Defendant, Archdiocese of Detroit, owned,

operated and/or possessed certain properties located at 4855 Parker Street, City

of Dearborn Heights, and/or 4761 Parker Street, City of Dearborn Heights,

County of Wayne, State of Michigan.

4. That at all times pertinent hereto, Defendant, Wayne Metropolitan Community

Action Agency, dba Wayne Metro Head Start owned, operated, leased and/or

possessed certain property located at 4761 Parker Street, City of Dearborn

Heights, County of Wayne, State of Michigan.

5. That the amount in controversy exceeds $25,000.00 and is otherwise within the

Jurisdiction of this Honorable Court.

COMMON ALLEGATIONS

6. Plaintiff hereby repeats and re-alleges paragraphs one (1) thought five (5), as

fully set forth herein.

7. That on or about January 20, 2017, at approximately 10:00 am - 12:00 pm,

decedent, Lilliana Kerr, a minor, was a business invitee upon Defendants

premises located at 4855 Parker Street, Dearborn Heights, Michigan and/or 4761

Parker Street, Dearborn Heights, Michigan.

8. That at or about the time and /or place referenced herein, decedent, Lilliana Kerr,

was a participant and/or student attending Defendants Wayne Metropolitan

Community Action Agency dba Wayne Metro Head Starts Dearborn Heights

program which was located upon the Defendants premises, referenced above.

9. That based upon information and belief, prior to January 20, 2017, Defendant,

Wayne Metro Head Start had leased, operated and/or possessed certain parts

and/or portions of the premises referenced herein from the Defendants, St. Albert

the Great Catholic Church and/or the Archdiocese of Detroit.

10. That based upon information and belief, a portion of the premises, referenced

herein, included a gymnasium which was owned, operated, leased and/or

possessed by the Defendants. Each Defendant had control, access and/or

possession of the premises, including the gymnasium, and therefore, each

Defendant owed certain legal duties toward business invitees, such as decedent,

Lilliana Kerr, including, but not limited to the duty to timely inspect, the duty to

warn of latent defects, and/or correct same on a timely basis, the duty to provide

appropriate maintenance and upkeep, the duty to properly supervise its students

and/or participants, the duty to protect its students and/or participants from

physical harm and the duty to hire and/or supervise others retained for the

purposes of doing same.

11. That the Defendants, their agents, servants and/or employees, should have

realized that the risks of harm from defects, hazards and/or dangers on their

premises, as described herein, caused an unreasonable risk of harm to decedent

and/or others invited onto Defendants property and that the circumstances

surrounding this cause of action are such that the inviters (Defendants) were

required to undertake reasonable precautions, yet Defendants failed to undertake

those reasonable precautions and/or warn of the hazards and/or defects thereby

causing Plaintiff and Plaintiffs decedents injuries and wrongful death.

12. That on or about January 20, 2017, decedent was a student and/or participant in

Defendants Wayne Metro Head Start program which was being conducted

and/or operated on certain premises located at 4855 Parker Street, Dearborn

Heights, Michigan and/or 4761 Parker Street, Dearborn Heights, Michigan.

13. That based upon information and belief, the premises referenced herein and/or

parts thereof were being leased by the Defendants, St. Albert the Great Catholic

Church and/or the Archdiocese of Detroit to the Defendant, Wayne Metro Head

Start, for the purposes of conducting and/or operating the Dearborn Heights

Head Start Program. Nevertheless, each Defendant, its agents, servants and/or

employees, had full access and/or control of the premises, including the

gymnasium.

14. That the Defendants gymnasium contained multiple extremely heavy wooden in

wall cafeteria type table, benches and seating each of which were configured into

a single wall unit. Each unit contained multiple locking and safety mechanisms

and devices, including, multiple locks and key mechanisms and heavy mats
 and/or pads which were hung over and/or placed over the retracted table, bench

and seat units thereby providing additional safety precautions. The multiple lock

and key mechanisms and other safety mechanisms were utilized or were

supposed to be utilized for the purposes of preventing the heavy in wall wooden

table, bench and seat units from suddenly and without notice disengaging from

the wall and free falling upon business invitees, in general and the decedent, in

particular.

15. That on or about January 20, 2017, between 10:00 am and 12:00 pm, decedent

was in a recess during her Metro Head Start Program at the premises

referenced herein. The recess took place in the gymnasium portion of the

premises.

16. That during the recess period in said gymnasium, decedent was playing on

and/or resting on or near a large mat and/or pad which had fallen off of the wall

structure in December of 2016 or approximately (30) days prior to the wrongful

death of the decedent. It had not been re-hung and/or replaced and/or repaired

by the Defendants, their agents, servants, and/or employees. The failure to

replace and/or repair said mat and/or pad created and/or compounded the latent

and/or hidden defects and the inherently dangerous condition, referenced herein.

17. That on or about January 20, 2017, at approximately 10:00 am - 12:00 pm, while

decedent was playing and/or resting on or near the mat and/or pad referenced

herein, the heavy wooden in wall table, bench and/or seat unit unexpectedly and

without notice detached from the wall and fell directly on the decedent resulting in

her wrongful death.

18. That decedent was not negligent and did not, in any way, cause or contribute to

her wrongful death.

19. That at all times pertinent hereto, the Defendants, their agents, servants and/or

employees knew or in the exercise of reasonable care should have known that

there existed defects and/or hazards on Defendants premises, as referenced

herein, and should have taken appropriate steps to remove, correct, and/or warn

of the defects, including, but not limited to proper and timely inspection of the in

wall units, proper and timely locking or fastening of the in wall units, proper and

timely repair of the defective in wall units and/or timely replacing the heavy pad

and/or mat which was utilized, in part, as an additional locking mechanism and/or

safety device.

NEGLIGENCE OF THE DEFENDANTS

20. Plaintiff hereby repeats and re-alleges paragraphs one (1) thought nineteen (19),

as fully set forth herein.

21. That notwithstanding the Defendants legal duties and obligations and in

complete derogation of same, the Defendants, their agents, servants and/or

employees, committed one or more of the following negligent, careless, grossly

negligent and/or reckless acts and/or omissions, including, but not limited to:

a. Failing to keep the aforementioned premises in a reasonably safe

condition for business invites lawfully on the premises;

b. Failing to inspect and/or timely inspect and/or properly inspect the subject

premises for unsafe and/or unreasonably dangerous conditions for

 business invitees lawfully on the premises, such as proper inspection and

maintenance of the in wall table, bench and seat units.

c. Failing to maintain the aforesaid premises in a reasonably safe condition

for business invitees on the premises, including the failure to utilize all

locking mechanisms and other safety devices on the in wall units,

referenced herein.

d. Failing to properly supervise the decedent and/or provide appropriate

supervision while the decedent participated in the Metro Head Start

Program on the subject premises, referenced herein.

e. Failing to remove or remedy the unreasonably dangerous condition when

Defendants, their agents, servants and/or employees knew or in exercise

of reasonable care should have known that same was defective and

unreasonably dangerous.

f. Failing to warn members of the general public, in particular, and the

Plaintiff and/or the Plaintiffs decedent of the dangerous, hazardous and/or

defective conditions of the premises.

g. Failing to hire, provide and/or otherwise supervise an adequate number of

trained persons responsible for the inspection and correction of the

unreasonably dangerous conditions on the Defendants premises.

h. Failing to provide proper and adequate equipment necessary to safely

participate at said Wayne Metro Head Start Program.

i. Failing to utilize all locking and/or safety mechanisms pertaining to the

heavy in wall table, bench and seat units, referenced herein.

 j. Failing to re-hang and/or replace and/or repair the mat and/or pad utilized

for the purposes of covering the in wall units, referenced herein, which

added an extra layer of safety.

k. Failing to timely repair and/or replace the defective in wall table, bench

and seat unit referenced herein;

l. Failing to comply with the standards of care for those persons or entities

caring for and/or supervising students and/or participants in said Head

Start Program.

m. Other acts of negligence as disclosed during the course of discovery.

COUNT III - DAMAGES AND WRONGFUL DEATH DAMAGES

22. Plaintiff hereby repeats and re-alleges paragraphs one (1) thought twenty-one

(21), as fully set forth herein.

23. That as a direct and proximate result of the negligence of the Defendants, their

agents, servants and/or employees, as referenced herein, decedent, Lilliana Kerr

suffered wrongful death on or about January 20, 2017.

24. That as a direct and proximate result of the negligence of the Defendants, their

agents, servants and/or employees, the decedent suffered conscience pain and

suffering as well as wrongful death on January 20, 2017.

25. That as a direct and proximate result of the negligence of the Defendants, their

agents, servants and/or employees, Plaintiff, Tabatha Kerr, the mother of

decedent, as well as her other two children have suffered personal injuries

including but not limited to emotional, psychiatric, psychological and/or mental

health damages and/or diagnoses. Plaintiff, Tabatha Kerr has also suffered
 economic damages by way of lost wages and/or the inability to complete her

education and/or training. She has also suffered financial losses due to the need

for extensive medical treatment, psychological treatment and/or psychiatric

treatment for herself and her children. These damages are expected to continue

into the indefinite future.

26. That as a direct and proximate result of the negligence of the Defendants, their

agents, servants and/or employees, as referenced herein, decedent suffered an

untimely and wrongful death, resulting in wrongful death damages, including, but

not limited to reasonable medical, hospital, funeral and burial expenses, and for

loss of companionship, consortium and/or enjoyments, and/or other services

and/or other losses to be determined throughout the course of continuing

discovery. Decedents mother, Tabatha Kerr, is the personal representative of

her estate. Decedent was three (3) years old at the time of her untimely death.

27. That the amount in controversy exceeds $25,000.00.

WHEREFORE, Plaintiff prays that this Honorable Court grant Judgment against

the Defendants in an amount in excess of $10,000,000.00. Plaintiff is found to be

entitled to for compensatory damages and/or wrongful death damages and/or for

any applicable penalties and/or for Plaintiffs actual attorney fees, plus interest and

costs.

Respectfully Submitted,

Dated: April 11, 2017 LAW OFFICES OF GREGORY J. ROHL, P.C.

/s/ Gregory J. Rohl

Gregory J. Rohl
James H. Duff