A Virginia judge has ruled that the $40 million lawsuit filed by Newport News teacher Abigail Zwerner against the school board and administrators can proceed. The lawsuit was filed after Zwerner was shot by a 6-year-old student in her classroom earlier this year. Zwerner’s attorneys, Diane Toscano, Jeffrey Breit, and Kevin Biniazan, expressed their satisfaction with the judge’s decision, stating that it is an important step towards justice for their client.
The incident occurred on January 6 at Richneck Elementary School, where Zwerner was shot by the young student while she was seated at her reading table. Zwerner suffered injuries to her hand and chest as a result. In her lawsuit, she alleges that the school and administrators ignored warning signs and were aware of the student’s history of violence.
The school board had attempted to have the lawsuit dismissed by arguing that Zwerner’s injuries were covered under Virginia’s Workers’ Compensation Act. However, Judge Matthew Hoffman disagreed with this argument, stating that the injuries did not arise from Zwerner’s employment and therefore do not fall within the exclusive provisions of workers’ compensation coverage.
Hoffman further emphasized that the danger of being shot by a student is not unique to the job of a first-grade teacher. The Newport News school board has declined to comment on the ruling.
This ruling allows Zwerner to continue her pursuit of accountability and a fair recovery. The lawsuit seeks $40 million in damages for the traumatic incident she experienced.
