NEWPORT NEWS, Va. — A Newport News judge will wait to decide if a former Richneck Elementary teacher shot by a student is covered under workers' compensation, or if her $40 million lawsuit will go to trial.
It came during a Friday hearing for the lawsuit filed against Newport News Public Schools by Abby Zwerner, who 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 is arguing that Zwerner suffered a workplace injury and should be covered under workers' compensation.
Zwerner walked into the Newport News courtroom for the first time publicly since the shooting with her family and attorneys at her side. Her arm remains in a cast and sling from when a bullet went through her hand and hit her in the chest.
When asked how she was doing in light of recent court developments, Zwerner remained quiet. Her attorney, Diane Toscano, chimed in, saying, "It's overwhelming. She's doing good, though."
In the hearing, Anne Lahren, an attorney representing the Newport News School Board, told the judge in court that Zwerner's injuries rose out of her employment because the situation did not stem from anything outside of the classroom.
She said their relationship was strictly a student-teacher relationship and that her employment put her in the position to be in the same room as the boy, saying, "All roads lead to workers' comp."
"Under the facts of this case, we believe the evidence is that she was dealing with a troubled student and as a result of dealing with a troubled student, her obligations as a teacher exposed her to the risk of being shot," said Bob Samuels, one of the attorneys on the legal team representing the school board.
Lahren and her team also argued in front of the judge that the use of the handgun doesn't change the situation, saying a student can still attack a teacher using another tool such as scissors in the classroom.
Kevin Biniazan, one of the attorneys representing Zwerner, argued against that statement outside of the courthouse.
"If there was a paper clip that was thrown at a teacher in Newport News at Richneck Elementary, I wouldn't have five cameras in my face right now," Biniazan said, pointing to the group of reporters questioning him about the case. "The fact that it was a gun ultimately changes the particular danger that Ms. Zwerner, Abby, was exposed to and it changes the nature of her injury."
Biniazan told the judge in court that the student passed several teachers and students while he had the gun the day of the shooting, yet chose to shoot Zwerner, labeling the attack personal in nature.
"It doesn't matter that they met each other at school," Biniazan said to the judge. "It is burden upon defendants to prove this happened based on Zwerner's teaching status."
Zwerner did not testify during the hearing. Both Zwerner's and the school board's legal team agreed to a stipulation that Zwerner would have testified saying she would never expect to get shot while working as a teacher.
Judge Matthew Hoffman said he would make a decision "in a written format within a week" along with a letter after both sides presented their arguments in court Friday.
If Judge Hoffman decides Zwerner's injuries don't fall under workers' compensation, her case will go to trial. However, attorneys for both parties mentioned they would plan to appeal depending on the judge's decision.