In a significant ruling on Friday, Circuit Court Judge Matthew Hoffman of Newport News, Virginia, allowed a teacher to proceed with a $40 million negligence lawsuit against the Newport News Public School system.
The teacher was shot by her 6-year-old student earlier this year.
The Associated Press reports that the school system's lawyers attempted to dismiss the lawsuit filed by Abby Zwerner, citing the provision of workers compensation that offers nearly a decade's worth of salary and lifelong medical care for injuries sustained on the job.
However, Zwerner's legal team countered that being shot "was not an actual risk of her job," thus workers compensation should not apply. Judge Hoffman concurred with this argument, stating that Zwerner's injuries "did not arise out of her employment" and therefore do not "fall within the exclusive provisions of workers compensation coverage. He further noted, "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's attorneys, Diane Toscano, Jeffrey Breit, and Kevin Biniazan, expressed their satisfaction with the ruling. "This victory is an important stepping stone on our path towards justice for Abby," they stated, adding, "We are eager to continue our pursuit of accountability and a just, fair recovery." They concluded, "No teacher expects to stare down the barrel of a gun held by a six-year-old student."
The lawsuit originates from a shocking incident at Richneck Elementary School, where a young boy used his mother's firearm to shoot Zwerner in the chest when she attempted to seize it. Zwerner, then 25, suffered a collapsed lung and other severe injuries.
The lawsuit, filed by Zwerner in April, alleges that the school was aware of the boy's "history of random violence. The boy had previously attempted to choke his kindergarten teacher in September 2021.
In a chilling revelation in August, it was disclosed that the boy had boasted to another school employee about shooting his teacher. I did it I shot that b*tch dead, the boy confessed, according to court documents. I got my moms gun last night.
While the boy will not face criminal charges due to his age, his mother has pleaded guilty to federal charges for using drugs, specifically marijuana, while owning a firearm, and felony charges for child neglect.
Login