Virginia teacher shot by 6-year-old can proceed with $40 million lawsuit, judge rules

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.

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." “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.”

Zwerner sued in April, alleging school officials ignored multiple warnings that the boy had a gun and was in a violent mood. Zwerner’s attorneys countered that workers’ compensation doesn’t apply because a first-grade teacher would never anticipate getting shot: “It was not an actual risk of her job.”

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