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Former Richneck Elementary teacher set to appear in court for hearing on lawsuit against Newport News Public Schools

The hearing comes after a judge ruled that Zwerner's injuries did not fall under worker's compensation, but NNPS filed a worker's comp claim for her.

NEWPORT NEWS, Va. — Former Richneck Elementary School teacher Abby Zwerner is set to appear in court this week for a hearing for her lawsuit against Newport News Public Schools.

She was set to appear in court on Monday, but the hearing was continued.

This comes more than a year after she was shot by one of her students.

In November, a Newport News Circuit Court judge ruled that Zwerner's injuries didn't fall underneath the provision of workers' compensation, meaning that she could move forward with her $40 million lawsuit.

But that did not stop the school division from making a move of its own. Nearly a year after the shooting, the school system filed a worker's compensation claim for the former Richneck teacher. 

RELATED: Legal analyst weighs in on Newport News School Division filing worker's comp claim for Abby Zwerner 

An attorney for the school division says there is legal authority for an employer to file a claim on behalf of an employee. 

Zwerner's attorneys criticized the move saying it forces quote school teachers to accept violence as a normal requirement for teaching young children.

A trial for the lawsuit is scheduled for 2025.

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