Judge allows teacher shot by 6-year-old to proceed with $40M lawsuit.
Judge Allows Teacher Shot by 6-Year-Old to Pursue $40 Million Lawsuit Against School System
A shocking incident in Virginia has taken a new turn as a judge ruled in favor of a teacher who was shot by her 6-year-old student. The teacher, Abby Zwerner, can now proceed with her $40 million lawsuit against the school system, alleging negligence by school administrators.
The decision by Newport News Circuit Court Judge Matthew Hoffman has opened the door for Zwerner to seek compensation beyond workers’ compensation for the serious injuries she sustained during the classroom shooting in January.
The school board had attempted to block the lawsuit, arguing that Zwerner was only eligible for workers’ compensation, which provides limited benefits. However, Judge Hoffman disagreed, stating that Zwerner’s injuries were not directly related to her employment and therefore not covered under workers’ compensation.
“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, who spent nearly two weeks in the hospital and underwent multiple surgeries, claims that school administrators ignored warnings about the student having a gun and dismissed concerns about his troubling behavior.
Her attorneys expressed their satisfaction with the ruling, stating that it is an important step towards justice for Abby. They emphasized that no teacher expects to face a gun held by a six-year-old student.
The school board’s attorneys have indicated that they will appeal the decision, asserting that Zwerner’s injuries were job-related and should be covered under workers’ compensation.
Legal experts had initially predicted that Zwerner’s lawsuit would fail under Virginia’s strict workers’ compensation law. However, her attorneys argued that the shooting was not an actual risk of her job as a first-grade teacher.
A trial date for Zwerner’s lawsuit has been tentatively set for January 2025.
This incident occurred when the 6-year-old student pulled out his mother’s handgun and shot Zwerner while she was sitting at a reading table. Zwerner sued the school officials in April, alleging that they ignored warnings about the student’s violent tendencies.
Judge Hoffman’s ruling emphasized that the shooting was a personal act, as the student only targeted Zwerner and did not threaten anyone else at the school.
The school board, however, argued that the shooting was work-related since the student and Zwerner knew each other through their teacher-student relationship.
Workers’ compensation laws were established as a compromise between injured workers and employers, providing easier access to compensation without the need to prove fault. Zwerner’s case challenges the application of these laws in situations where the injury is not directly related to the job.
The Western Journal has reviewed this Associated Press story and may have altered it prior to publication to ensure that it meets our editorial standards.
The post Judge Rules Teacher Shot by 6-Year-Old Can Move Forward with $40 Million Lawsuit appeared first on The Western Journal.
What measures should the school system have implemented to protect the safety of its employees and prevent incidents like this from occurring
Un attack in their classroom and that the school system should be held accountable for their negligence.
The incident took place in January at the Newport News elementary school where Zwerner worked. According to court documents, the 6-year-old student brought a gun to school and shot Zwerner multiple times before being subdued by other staff members. Zwerner suffered serious injuries, including gunshot wounds to her chest and abdomen.
In her lawsuit, Zwerner alleges that the school system failed to provide a safe working environment for teachers and ignored warning signs about the student’s behavior. She claims that there were multiple red flags indicating that the student was a potential threat, including instances of violence towards other students and a history of behavioral issues.
Zwerner’s attorneys argued that the school system should have taken action to protect the safety of its employees by implementing stricter security measures, conducting thorough background checks on students, and providing more comprehensive training for teachers to deal with potentially violent situations.
The judge’s ruling acknowledges the gravity of the incident and the direct impact it has had on Zwerner’s life. By allowing her to pursue a $40 million lawsuit, he has sent a clear message that negligence on the part of school administrators cannot be ignored and should be held accountable.
The ruling also raises important questions about the responsibility of school systems to ensure the safety of their staff and students. While it is challenging to prevent every act of violence, it is crucial for administrators to take proactive measures to identify and address potential threats in order to maintain a safe learning environment.
This case highlights the need for increased awareness and action towards school safety and the importance of addressing mental health issues in young students. It is a reminder that the well-being and security of teachers should be a top priority for school systems, as they play a crucial role in shaping the future of our children.
As Abby Zwerner continues her legal battle, she hopes that her lawsuit will not only bring justice for herself but also prompt necessary changes in school systems across the country. The outcome of this lawsuit could have far-reaching implications for the education system as a whole, emphasizing the need for comprehensive safety measures and accountability.
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