Teacher Shot By Child Can Proceed With Legal Case

Photo by Taylor Flowe on Unsplash

(ConservativeHub.com) – Newport News Circuit Court Judge Matthew Hoffman determined that a school teacher in Virginia who had been shot by a 6-year-old student in her class could proceed with her $40 million lawsuit against the school system. In the lawsuit, the teacher alleges that school administrators had shown negligence.

The teacher, Abigail Zwerner ,who is already entitled to workers compensation, could end up receiving a much larger compensation as a result of the shooting in January.

The Newport News Public Schools legal team previously attempted to block the lawsuit, claiming that Zwerner was only entitled to receive workers compensation, which would include up to close to 10 years of pay and lifetime medical care for all injuries incurred.

However, Hoffman in his decision disagreed and stated that Zwerner’s injuries were not a result of her job. As such, they were not limited by the “exclusive provisions of workers compensation coverage.”

The judge added for a first-grade teacher, the “danger of being shot” was not something that should be expected as part of the job. Following the shooting, Zwerner ended up in the hospital for almost two weeks, and had to undergo multiple surgeries as the bullet hit both her chest and hand. The teacher has alleged that throughout that day, the administrators dismissed the warning that the boy was carrying a gun and had previously dismissed any concerns expressed over the child’s behavior.

The teacher’s legal team noted in a statement that this was an important step toward justice and that they would continue the fight for more accountability and “a just, fair recovery.”

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