Virginia teacher shot by 6-year-old can proceed with $40 million lawsuit, judge rules

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In a recent court ruling, Abby Zwerner, a teacher wounded by a 6-year-old pupil in Virginia, has been authorized to continue her $40 million litigation against the school district, alleging negligence on the part of the school authorities. Newport News Circuit Court Judge Matthew Hoffman’s unexpected ruling on Friday opened the possibility for Zwerner to obtain compensation beyond what workers’ compensation would typically offer for the grave injuries she sustained from the shooting incident in January.

School officials from Newport News Public Schools had sought to have the lawsuit dismissed, contending that workers’ compensation—which includes almost a decade’s worth of salary and medical care for life for injuries—should be the only remedy available to Zwerner. However, Zwerner’s legal team argued that such compensation is inapplicable because a teacher, especially at the first-grade level, would not foresee the risk of being shot as part of their employment duties.

Judge Hoffman agreed with Zwerner’s perspective, determining that the injuries she suffered were not a result of her employment, thus exempting them from being covered solely by workers’ compensation insurance.

In his written decision, Hoffman stated that the peril of being shot by a pupil does not constitute a risk inherent to the profession of a first-grade teacher. Following the incident, Zwerner underwent extensive medical treatment, including multiple surgeries for wounds to her hand and chest. She asserts that school administrators overlooked several indications that the boy was armed on the day of the incident and consistently ignored the boy’s prior disturbing conduct.

The legal team representing Zwerner, composed of Diane Toscano, Jeffrey Breit, and Kevin Biniazan, expressed that the court’s ruling marked a significant milestone in their quest for justice and that they look forward to continuing their efforts to hold the parties accountable and to secure a fair compensation for Zwerner, who has since ceased working for the school system. A preliminary court date for the case has been set for January 2025.

In response, attorneys for the school board have signaled their intention to appeal the decision, asserting their expectation that the appellate court will overturn the ruling. They maintain that the injuries Zwerner sustained are job-related and should be addressed within the scope of workers’ compensation.

The school board’s counsel, Anne Lahren, highlighted that injuries inflicted by students upon teachers are regrettably not uncommon and seem to be growing more frequent. Despite these assertions, the school board is preparing for the possibility that the appellate court might sustain Judge Hoffman’s decision.

The incident, which took place in early January when the young student used his mother’s handgun to shoot Zwerner while she was seated at a reading table, spurred a nationwide debate on gun violence and caused considerable unrest in the military shipbuilding community near Chesapeake Bay.

Zwerner filed her lawsuit in April, alleging that school officials had neglected clear warnings that the student was armed and had displayed aggressive behavior.

The case is further complicated by the fact that Virginia’s workers’ compensation laws are notably stringent, generally covering assaults and employer negligence claims. Nonetheless, Friday’s ruling by Judge Hoffman, deeming the incident “personal,” stands in contrast to the norm, as noted by J. H. Verkerke, a University of Virginia law professor. While this decision is atypical based on past Virginia precedents, the professor acknowledges the unusual nature of the assault, suggesting it may not fit within the traditional boundaries of the workers’ compensation framework.

The article also rectifies the misspelling of attorney Anne Lahren’s name, confirming it as Lahren instead of Lehran.

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More about Virginia teacher lawsuit

• Virginia teacher’s legal battle
• Newport News Public Schools lawsuit details
• Workers’ compensation and teacher injuries
• Legal precedents in Virginia workers’ compensation cases
• Nationwide debate on gun violence in schools
• Virginia law professor’s perspective on the case