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

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Lawyers for Newport News Public Schools had argued that teacher Abby Zwerner was eligible only for workers compensation.

By Ben Finley, Associated PressAbby Zwerner, a teacher shot by her 6-year-old student, attends a hearing for a civil lawsuit she filed against the Newport News Public Schools, Friday, Oct. 27, 2023 in Newport News, Va.

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.” “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.”The school board’s attorneys indicated that they would appeal Friday’s decision and said in a statement that they “fully anticipate its reversal by the appellate court.”

J. H. Verkerke, a University of Virginia law professor, said Friday’s ruling was “somewhat surprising” based on previous Virginia court decisions. Zwerner sued in April, alleging school officials ignored multiple warnings that the boy had a gun and was in a violent mood.

 

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