By Canadian Press

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

Nov 3, 2023 | 12:43 PM

NEWPORT NEWS, Va. (AP) — A teacher who was shot by her 6-year-old student in Virginia can press forward with her $40 million against a school system over claims of negligence by school administrators, a judge ruled Friday.

The surprise decision by Newport News Circuit Court Judge Matthew Hoffman means that Abby Zwerner could get much more than just workers compensation for the serious injuries caused by January’s classroom shooting.

Lawyers for Newport News Public Schools had tried to block the lawsuit, arguing that Zwerner was eligible only for workers compensation. It provides up to nearly 10 years pay and lifetime medical care for injuries.

The former first-grade teacher was hospitalized for nearly two weeks and endured multiple surgeries after a bullet struck her hand and chest. Zwerner alleges that administrators ignored multiple warnings the boy had a gun that day and had routinely dismissed ongoing concerns about his troubling behavior.

Some legal experts expected Zwerner’s lawsuit to fail under Virginia’s uncommonly strict workers compensation law. That’s because it covers workplace assaults and allegations of negligence against employers. Lawsuits that might move forward in other states often falter in the Commonwealth.

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A tentative trial date for Zwerner’s lawsuit is scheduled for January 2025.

Ben Finley, The Associated Press