A teacher who was shot by her 6-year-old student in Virginia can press forward with her $40 million against a school system over claims of negligence by school administrators, a judge ruled Friday.
— A teacher who was shot by her 6-year-old student in Virginia can press forward with her $40 million against a school system over claims of negligence by school administrators, a judge ruled Friday.
The surprise decision by Newport News Circuit Court Judge Matthew Hoffman means that Abby Zwerner could get much more than just workers compensation for the serious injuries caused by January’s classroom shooting.
Lawyers for Newport News Public Schools had tried to block the lawsuit, arguing that Zwerner was eligible only for workers compensation. It provides up to nearly 10 years pay and lifetime medical care for injuries.
Hoffman disagreed with the school board, concluding that Zwerner’s injuries “did not arise out of her employment” and therefore did not “fall within the exclusive provisions of workers’ compensation coverage.”
The judge wrote: “The danger of being shot by a student is not one that is peculiar or unique to the job of a first-grade teacher.”
Zwerner was hospitalized for nearly two weeks and endured multiple surgeries after a bullet struck her hand and chest. Zwerner alleges that administrators ignored multiple warnings the boy had a gun that day and had routinely dismissed ongoing concerns about his troubling behavior.
“This victory is an important stepping stone on our path towards justice for Abby,” Zwerner’s attorneys, Diane Toscano, Jeffrey Breit and Kevin Biniazan, said in a statement.
“We are eager to continue our pursuit of accountability and a just, fair recovery,” they said. “No teacher expects to stare down the barrel of a gun held by a six-year-old student.”
The school board’s attorneys indicated that they would appeal Friday’s decision and said in a statement that they “fully anticipate its reversal by the appellate court.
