A Virginia teacher who was shot by her 6-year-old student has been granted permission to move forward with her $40 million lawsuit against the school system. The judge’s ruling opens the possibility for Abby Zwerner to receive more than just workers compensation for the serious injuries she sustained in the classroom shooting. This decision comes as a surprise, as lawyers for Newport News Public Schools had attempted to block the lawsuit by arguing that Zwerner was only eligible for workers compensation.
Newport News Circuit Court Judge Matthew Hoffman disagreed with the school board’s argument, stating that Zwerner’s injuries “did not arise out of her employment” and therefore were not covered solely by workers’ compensation. The judge emphasized that the danger of being shot by a student is not unique to the job of a first-grade teacher. Zwerner suffered significant injuries to her hand and chest, requiring hospitalization and multiple surgeries.
Zwerner’s lawsuit alleges that school administrators ignored multiple warnings about the student having a gun and dismissed ongoing concerns about his troubling behavior. Her attorneys, Diane Toscano, Jeffrey Breit, and Kevin Biniazan, expressed their satisfaction with the judge’s decision, stating that it is an important step towards justice for Abby. They are determined to hold the school system accountable and seek a fair recovery for their client.
The school board’s attorneys have indicated their intention to appeal the decision, arguing that Zwerner’s injuries were directly related to her job and should be covered under workers’ compensation. They contend that the risk of a teacher being injured by a student is unfortunately common in today’s society.
Legal experts initially predicted that Zwerner’s lawsuit would fail based on Virginia’s strict workers’ compensation laws. However, her attorneys argued that workers’ compensation does not apply in this case because a first-grade teacher would never foresee the risk of being shot. A trial date for the lawsuit has tentatively been set for January 2025.
The shooting incident involving a 6-year-old student sparked a national conversation about gun violence. Zwerner’s case has brought attention to the issue and raised concerns about school safety. The incident occurred when the student fired his mother’s handgun at Zwerner while she was seated at a reading table. She managed to protect her other students by rushing them into the hallway before collapsing in the school’s office.
Zwerner’s lawsuit claims that school officials were aware of the student’s history of violence and ignored multiple warnings about his behavior. The judge’s ruling acknowledged that the shooting was a personal act against Zwerner and not a threat to other students or staff members. However, the school board maintains that the shooting was work-related due to the teacher-student relationship.
Workers’ compensation laws were established as a compromise between injured workers and employers. While workers lost the ability to sue in most cases, they gained easier access to compensation for lost pay and medical coverage without having to prove fault.
In conclusion, the judge’s decision in favor of Abby Zwerner allows her to proceed with her lawsuit against the school system. The case highlights the issue of school safety and raises questions about the responsibility of administrators in preventing such incidents. The school board plans to appeal the ruling, setting the stage for further legal proceedings in the future.
