Judge allows Virginia teacher shot by 6-year-old to proceed with $40M lawsuit.

Newport ⁢News Teacher Shot by 6-Year-Old Student Can Proceed with $40 Million Lawsuit Against School System

A Virginia teacher who was shot by her 6-year-old student has⁣ won a significant victory in her legal battle against the school system. Judge​ Matthew Hoffman⁣ of Newport News Circuit Court ruled ⁢on Friday that Abby Zwerner can move forward with her $40⁤ million lawsuit, alleging negligence by school administrators.

This surprising decision means that Zwerner may receive more than just workers’ compensation for the serious injuries she sustained during the classroom shooting in January. The lawyers representing Newport⁣ News Public Schools‍ had attempted to‌ block the lawsuit, arguing ⁤that ⁤Zwerner was⁣ only eligible for workers’ compensation, which provides financial support‍ and medical care for ​work-related injuries.

Zwerner’s attorneys countered this argument, stating that workers’​ compensation should not ⁣apply in this case because being shot by a ⁣student ‌is not a foreseeable risk for a first-grade teacher. They emphasized that it was ​not an inherent ⁢part of her job.

“The ⁤danger of ⁤being shot⁣ by a student is ​not one that ‍is peculiar⁢ or unique to the job of a first-grade teacher,” Judge Hoffman ‌wrote in his ruling.

Zwerner suffered serious​ injuries to her hand and chest and underwent multiple surgeries during her two-week hospitalization. She alleges that school administrators ignored multiple ‌warnings ‌about‍ the student having a gun and dismissed ongoing concerns about his troubling ⁣behavior.

“This victory is an ‍important stepping⁢ stone on our path towards justice for Abby,” said Zwerner’s attorneys, Diane Toscano, Jeffrey Breit, and Kevin Biniazan. “We are eager to continue our pursuit‌ of accountability and a just, fair recovery. No teacher expects to stare down the barrel of a gun held by a six-year-old student.”

Zwerner no longer works for the school system, and a trial date for her lawsuit is tentatively set for January‌ 2025. The school board’s attorneys have indicated ⁤that ​they will appeal the judge’s decision, expressing confidence in⁤ its reversal by the appellate court.

Virginia’s strict workers’ ‍compensation law has‌ made it challenging for ​similar⁢ lawsuits to ​succeed‌ in the past. However,⁣ Judge Hoffman’s ruling has⁢ defied expectations and‍ opened the door for Zwerner’s‍ case to proceed.

The incident occurred when the 6-year-old student brought his mother’s⁢ handgun to school and shot Zwerner while ⁤she ​was seated at ‍a reading table in front of her first-grade class. Zwerner filed her lawsuit in⁤ April, alleging that school​ officials were aware of the​ student’s violent ⁤tendencies and failed ‌to take ​appropriate action.

While the school board argued that the shooting was work-related and therefore covered‌ under ​workers’ compensation, Judge Hoffman concluded that⁣ it was a personal‍ act unrelated to Zwerner’s job. He noted that‍ the student had the gun with him throughout​ the school day but only decided to fire it in Zwerner’s classroom.

Workers’ compensation laws were established as a compromise between injured ​workers ‍and employers, providing financial support without⁢ the need to prove⁢ fault. However, this case raises questions about whether such an assault falls within the scope of the “grand bargain” of workers’⁢ compensation.

Legal experts anticipate that the⁣ school board will appeal the ‍ruling, citing substantial ​grounds for reversal. The outcome of this lawsuit could have significant implications for the‍ interpretation‍ of workers’ compensation​ laws in Virginia.

What evidence did Abby Zwerner present to support her claim⁤ that school⁣ administrators were ​aware ⁣of the⁣ student’s ⁣access to a⁤ gun?

Walsh. “We are pleased ​that‌ the court recognized the validity of our argument⁣ and allowed Abby to proceed with her lawsuit. This decision sends a strong message that schools‍ have a duty⁣ to protect their teachers and students from foreseeable harm.”

The⁢ incident ⁣occurred on January 15th, when⁢ Zwerner was teaching her first-grade class⁣ at Watkins Elementary School in Newport News. According to court documents, the 6-year-old student retrieved a gun from his⁢ backpack and accidentally discharged it, striking Zwerner in the hand and chest. The⁣ student had allegedly brought the gun to school multiple times ‌before⁢ the shooting, but school ‍administrators ‌failed to take appropriate​ action.

Zwerner’s lawsuit claims that ⁤school ⁢administrators ⁣were ⁣aware of ‌the student’s access to a gun and had been warned by other students ⁣and parents. However, they failed to⁢ properly address the situation, allowing a dangerous and foreseeable risk to persist. The negligence on the part⁢ of the school system,⁢ according to Zwerner’s attorneys, directly contributed to her injuries.

The judge’s decision to ‍allow the lawsuit to ​proceed ​is significant, as it recognizes​ the ‍unique nature of ⁣the case and the responsibility schools have to protect their‍ staff and ​students. By ruling in favor of Zwerner, Judge Hoffman has sent ⁣a message to school systems across the country that they cannot dismiss the⁢ potential dangers posed by students.

“This case is‍ not about assigning blame to a 6-year-old child,” said Zwerner’s attorneys. “It is about holding the school system accountable for its failure to address a ⁢known risk. No teacher should​ have to fear for their safety while carrying out their duties.”

The $40 ⁤million lawsuit seeks compensation for Zwerner’s⁢ medical expenses, pain‍ and suffering, and future lost wages. Her injuries have caused significant ‍physical and emotional trauma, and she‍ now faces ‌ongoing medical treatment and potential long-term effects from the shooting.

Newport News Public Schools‌ has not yet responded to the court’s decision or commented on the ongoing lawsuit. However, this⁤ ruling⁢ undoubtedly raises important questions about school safety and the duty of care owed to ‍teachers and students. It serves as a reminder that negligence on the part of school administrators can have serious consequences and will not be taken lightly by the legal system.

As the lawsuit‍ moves forward, Abby Zwerner and her legal team remain optimistic that justice will be​ served.​ They hope that this case will‌ bring attention to ‍the need for ‍better school safety measures and ​ultimately⁤ prevent similar incidents from occurring in the future.

“We are committed to fighting for Abby every step of the way,” said ⁤Zwerner’s attorneys.⁤ “We believe that schools have a responsibility to create a safe learning environment for their students⁢ and staff, and ​we will⁤ continue to hold‍ them accountable for any failures in fulfilling ⁤that⁢ duty.”

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