Judge Rules Virginia Teacher Shot by 6-Year-Old Can Proceed with $40 Million Lawsuit

The Virginia teacher who was shot by her 6-year-old student can move forward with a $40 million lawsuit filed against the school system over claims of negligence by school administrators.

On Friday, Newport News Circuit Court Judge Matthew Hoffman made a surprising ruling that Abby Zwerner could get significantly more than just workers’ compensation for the serious injuries she endured from the January classroom shooting, the Associated Press reported.

Lawyers for Newport News Public Schools attempted to block the lawsuit, arguing that the teacher was eligible only for workers’ compensation, which provides up to nearly 10 years of pay and lifetime medical care for injuries.

However, Judge Hoffman disagreed with the school board and found that Zwerner’s injuries “did not arise out of her employment” and, therefore, did not “fall within the exclusive provisions of workers’ compensation coverage.”

“The danger of being shot by a student is not one that is peculiar or unique to the job of a first-grade teacher,” Hoffman wrote.

Zwerner spent nearly two weeks in the hospital and underwent multiple surgeries after a bullet struck her hand and chest. Zwerner alleges that administrators ignored the multiple warnings that the boy had a gun that day and also routinely dismissed ongoing concerns about his misconduct, the AP reported.

“This victory is an important stepping stone on our path towards justice for Abby,” Zwerner’s attorneys, Diane Toscano, Jeffrey Breit and Kevin Biniazan, said in a statement.“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.”

In January, the 6-year-old bo pulled out his mother’s handgun and shot Zwerner. She rushed the rest of her students into the hallway before collapsing in the school’s office. She then filed a lawsuit, claiming that school officials ignored multiple warnings that the boy had a gun and was in a violent mood.