NEWPORT NEWS, Va. — A $40 million lawsuit filed by a former Richneck Elementary teacher shot by a student will move forward, a judge decided Friday, denying Newport News Public Schools' claims that her injuries are covered under workers' compensation.
The ruling comes less than a week after a lawsuit hearing last Friday, where attorneys for the former teacher, Abby Zwerner, and Newport News Public Schools argued their claims to Newport News Circuit Court Judge Matthew Hoffman. Zwerner was shot inside her classroom on Jan. 6.
In the lawsuit, the former teacher said administrators ignored vital warnings of the boy having a gun the day of the shooting. Because she suffered permanent bodily injuries, physical pain, mental anguish and lost earnings, Zwerner is seeking compensatory damages.
In response, while agreeing that a teacher shouldn't expect to get shot by a student, Newport News Public Schools argued that Zwerner suffered a workplace injury and should be covered under workers' compensation. It provides up to nearly 10 years of pay without tax and lifetime medical care for injuries.
Hoffman disagreed with the school board, concluding that Zwerner's injuries “did not arise out of her employment” and therefore did not “fall within the exclusive provisions of workers’ compensation coverage.”
The judge wrote: “The danger of being shot by a student is not one that is peculiar or unique to the job of a first-grade teacher."
Zwerner 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.
Following Friday's ruling, Zwerner's attorneys Diane Toscano, Jeffrey Breit, and Kevin Biniazan shared the following statement:
“This victory is an important stepping stone on our path towards justice for Abby. We are eager to continue our pursuit of accountability and a just, fair recovery. No teacher expects to stare down the barrel of a gun held by a six-year-old student.”
In an interview with Diane Toscano and Jeffrey Breit, 13News Now asked how Abby Zwerner was feeling in wake of this decision.
"It took a while to get here, so she is relieved to have this ruling done today and now we are eager to look ahead and get Abby the justice she deserves," Toscano said.
Anne Lahren, the lead attorney representing the Newport News school division, released the following statement after the judge's ruling:
“We have reviewed Judge Hoffman’s opinion and disagree with his ruling. The actual risk of employment in this scenario is that of a teacher being injured at the hands of a student which, unfortunately, is a fairly common occurrence and one that is only increasing in frequency this day and age.
The judge held that the student’s actions were 'personal' to Ms. Zwerner, yet it is clear that the student and Ms. Zwerner only knew each other through their teacher-student relationship. In order for a 'personal' action to defeat the exclusivity of the Workers’ Compensation Act, that personal motive must not be itself related to or arising out of the employment. We therefore disagree with Judge Hoffman’s ruling and fully anticipate its reversal by the appellate court.”
A tentative trial date for Zwerner's lawsuit is scheduled for January 2025. Zwerner's attorneys said they plan to take their case to trial.
The Associated Press contributed to this report.