A Virginia judge has allowed a teacher in the state, Abby Zwerner, to move forward with a $40 million lawsuit after she was shot by a six-year-old student in January this year.
The lawsuit was filed against a school system over claims of negligence by school administrators. The surprise decision made by Newport News Circuit Court Judge Matthew Hoffman means that the teacher could get much more than just workers' compensation.
Virginia Teacher Shot by Six-Year-Old Student
The decision comes despite lawyers for Newport News Public Schools trying to block the lawsuit. They argued that the Virginia teacher was eligible only for workers' compensation that provides up to nearly 10 years salary and lifetime medical care for injuries.
On the other hand, Zwerner's attorneys argued that workers' compensation does not apply because the incident involved a first-grade teacher who would never anticipate getting shot while working. They said that it was "not an actual risk of her job."
The Virginia judge ruled in favor of the teacher, concluding that the injuries she sustained did not arise out of her employment. This means that they did not "fall within the exclusive provisions of workers' compensation coverage," as per ABC News.
Hoffman wrote in his decision that the danger of being shot by a student is not one threat that is peculiar or unique to the job of a first-grade teacher. Following the January shooting, Zwerner was hospitalized for nearly two weeks and had to undergo multiple surgeries after the bullet struck her hand and chest.
The Virginia teacher argued that school administrators ignored multiple warnings that the boy had a gun that day. Zwerner alleges that they also routinely dismissed ongoing concerns about the six-year-old boy's troubling behavior.
Zwerner's attorneys said that Judge Hoffman's ruling was an important stepping stone on their road to getting justice for their client. The attorneys, Diane Toscano, Jeffrey Breit, and Kevin Biniazan said that they eagerly look forward to continuing to pursue accountability.
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Strict Workers' Compensation Laws
The teacher is no longer employed for the school system and a tentative trial date for her lawsuit is scheduled for January 2025. The school board of attorneys also indicated that they plan to appeal Friday's decision and said that they "fully anticipate its reversal by the appellate court," according to the Associated Press.
School board attorney Anne Lahren said in a statement that the actual risk of employment for a teacher is being injured at the hands of a student. She argued that it unfortunately is something that is becoming fairly common in modern times.
The situation comes as Virginia has strict workers' compensation laws that cover workplace assaults and allegations of negligence against employers. A law professor from the University of Virginia, J.H. Verkerke, said that the ruling on Friday was "somewhat surprising" based on previous state court decisions.
The student who shot Zwerner brought his mother's handgun to the Richneck Elementary School in January. The six-year-old then proceeded to shoot Zwerner as she sat at a reading table, forcing her to rush the rest of the students into the hallways before collapsing in the school's office, said The Hill.
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