A Virginia teacher who was shot by her 6-year-old student has been given the green light to proceed with her $40 million lawsuit against a school system, as a judge ruled in her favor on Friday.
The unexpected decision by Newport News Circuit Court Judge Matthew Hoffman means that Abby Zwerner may seek more than just workers' compensation for the severe injuries she sustained in a classroom shooting in January.
Newport News Public Schools had attempted to thwart the lawsuit, contending that Zwerner 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, stating that Zwerner's injuries did not arise from her employment and were not exclusive to workers' compensation coverage.
Zwerner, who was hospitalized and underwent multiple surgeries after being shot in the hand and chest, alleges that school administrators ignored warnings that the young boy had a gun that day and disregarded ongoing concerns about his troubling behavior.
The judge's ruling was seen as a victory for Zwerner, who is now on the path to seek justice. The school board indicated that they would appeal the decision.
The shooting, which occurred in Zwerner's classroom, ignited a national conversation about gun violence and shook the community in this military shipbuilding city near the Chesapeake Bay.
Zwerner sued in April, alleging that school officials had ignored warnings that the boy had a gun and displayed violent tendencies. Police determined that the shooting was intentional, and Zwerner claimed that the boy had a history of violent behavior at school and at home.
In the ruling, Judge Hoffman noted that the boy had the gun with him from the beginning of the school day until just before dismissal, and he fired it once, hitting Zwerner, without threatening others.
A tentative trial date for Zwerner's lawsuit has been set for January 2025.
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