NEWPORT NEWS, Va. — Abby Zwerner's case has captured people's attention across the globe.
In an unprecedented situation, Zwerner said her 6-year-old student pulled his mother's handgun out of his book bag, pointed it at her, and fired one bullet, shooting through her hand and hitting her in her chest.
Now, this school shooting is the center of a legal dispute.
In the latest motion to dismiss Zwerner's lawsuit, attorneys representing the Newport News Public Schools said Zwerner's workplace injuries should be covered by Virginia's "Workers' Compensation Act."
The question is, in such a unique case, how could attorneys argue either side in court?
Louis Hensler, a law professor with Regent University, helps break down the legal technicalities of this lawsuit.
What is Workers' Compensation?
Also considered "no-fault" insurance, workers' compensation is insurance in which you don't have to prove the accident or injury in the workplace was your employer's fault.
Even if you caused the accident, you still get compensated for your injury. You will receive medical and limited-wage benefits.
However, workers' compensation only carries you so far. It doesn't necessarily cover all of your lost wages and medical expenses, especially if your injuries are severe.
"Workers' compensation governs injuries that arise out of the employment," Hensler explained.
How does workers' compensation apply to Abby Zwerner's case?
The argument attorneys are now making in the latest court paperwork is defining if the shooting is or is not considered an incident that rose out of Zwerner's employment.
For example, in the school division's motion to dismiss the lawsuit, attorneys said the student's use of a gun, instead of a pair of scissors or another weapon to hurt his teacher, does not change the fact that the incident happened at Zwerner's place of employment.
"I think it is probably hard to argue that as a category, being attacked by a student isn't anything a teacher can contemplate in this day and age," Hensler said. "I don't think anybody, including the school, is arguing that she voluntarily assumed this risk. But I think the question is, did this injury rise out of her job? And if it did, Workers' Compensation could be her exclusive remedy."
Hensler added this key element is what could determine which way Zwerner's case goes in court.
What is Tort Law?
In a tort claim, a plaintiff (in this case, Abby Zwerner) seeks monetary compensation for the damages resulting from acts committed by the defendant (in this case, Newport News Public Schools).
If the plaintiff proves his or her injuries do not fall under the Workers' Compensation Act, they can sue for tort liability and prove the employer is liable for the workplace incident. The plaintiff would then receive compensation for medical bills and lost wages.
How does a tort claim apply to Abby Zwerner's case?
In Abby Zwerner's case, she filed a lawsuit for $40 million against Newport News Public School administrators including the school board, former Superintendent Dr. George Parker, former Richneck Elementary Principal Briana Foster-Newton, and former Assistant Principal Ebony Parker.
In the lawsuit, Zwerner said administrators, particularly Parker, ignored serious warnings that the 6-year-old student had a gun the day of the shooting.
"I think it favors [Zwerner] a little bit that this is an elementary school, because usually, you don't expect to be attacked by your elementary school students," Hensler explained.
Zwerner's attorneys argued in the lawsuit that the entire shooting could have been prevented had school administrators taken action.
Hensler said a judge will determine if the lawsuit stands or if Zwerner's injuries fall under workers' compensation. That would determine if the case goes in front of a jury.
There have not been any court dates scheduled at this time.