Judge: Virginia teacher shot by 6-year-old student can continue $40M lawsuit

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Abby Zwerner alleges that administrators ignored multiple warnings the boy had a gun that day and had routinely dismissed ongoing concerns about his troubling behavior.

Abby Zwerner, center, a teacher shot by her 6-year-old student, listens as members of the media interview attorneys following a hearing for a civil lawsuit she filed against the Newport News Public Schools, Friday, Oct. 27, 2023 in Newport News, Va. A judge in Virginia ruled Friday, Nov. 3, 2023, that Zwerner can press forward with a $40 million lawsuit.NEWPORT NEWS, Va.

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.” Some legal experts expected Zwerner’s lawsuit to fail under Virginia’s uncommonly strict workers compensation law. That’s because it covers workplace assaults and allegations of negligence against employers. Lawsuits that might move forward in other states often falter in the Commonwealth.The classroom shooting by a first-grader revived a national dialogue about gun violence and roiled this military shipbuilding cit y near the Chesapeake Bay.

The school board filed motions to block the litigation, arguing that workplace assaults and allegations of negligence fall under Virginia’s workers compensation law.‘Real Housewife’ Shannon Beador pleads no contest to DUI and avoids jail

 

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