Virginia teacher Abby Zwerner is seen in court fighting for $40 million in damages after being shot in class by a disturbed six-year-old boy
A Virginia first-grade teacher who was shot in class by a six-year-old student appeared in court Friday seeking $40 million in damages.
Abby Zwerner is suing Newport News Public Schools for $40 million, alleging gross negligence toward school administrators.
But the school board is trying to block the lawsuit, arguing that Zwerner’s injuries are covered by workers’ compensation, and as such are limited to 10 years’ pay and limited medical benefits.
Zwerner, 26, spent two weeks in hospital after the January incident, in which a bullet hit her hand and chest.
She accuses the school of ignoring warnings that the boy had a gun in his backpack.
Moments after the shooting, the 6-year-old told a reading specialist who was restraining him, “I shot that (expletive)” and “I got the gun from my mom last night,” according to search warrants.
Abby Zwerner is suing Newport News Public Schools for $40 million, alleging gross negligence toward school administrators
Zwerner’s attorneys claim her school’s administrators were grossly negligent and ignored reports that the child had a gun in his backpack
Zwerner, 26, was shot in January by a six-year-old student, who then bragged about the incident
Zwerner attended Friday’s hearing before a judge with her left arm still supported by a sling and her left hand wrapped in a thick cloth bandage.
One of her attorneys, Kevin Biniazan, asked the judge to allow Zwerner’s lawsuit to proceed because “no first-grade teacher expects to be shot on the job.”
“The special danger of encountering a firearm is not in the nature of the job for a first-grade teacher,” Biniazan said.
But Anne Lahren, an attorney for the school board, said the incident is “entirely” covered by workers’ compensation because Zwerner was working in her capacity as a teacher.
And Zwerner’s lawsuit centers on allegations of negligence at her workplace, which are also covered by the law, Lahren added.
Robert Samuel, another attorney for the school board, said, “This does not mean that Ms. Zwerner is not receiving benefits and is being left out in the cold.”
Newport News District Court Judge Matthew Hoffman said he will rule on the case next week.
Matthew Hoffman, a judge at the Newport News District Court, decides whether Zwerner’s case should be taken to an employee tribunal or to criminal court
Zwerner is seen outside court on Friday, next to her lawyers. She didn’t speak
Richneck Elementary School in Newport News, Virginia, where the shooting occurred. Several parents have filed a lawsuit against the school for failing to protect their children
Zwerner was shot as she sat at a reading table in the classroom
He will have to decide whether Zwerner’s allegations can be heard in court or whether they should go before the workers’ compensation board.
After the hearing, Zwerner stood outside the courtroom with her lawyers.
She refused to answer direct questions from a bunch of reporters, her face suppressing emotion.
“It’s an overwhelming moment for her, I think we have to appreciate that,” Biniazan said.
“It all culminates in a way today. So no matter how many thoughts and comments Abby has, they’re all swirling around in her head, probably faster than she can put them into words. So I hope you can excuse her by speaking through us.”
Zwerner says administrators ignored multiple warnings that the boy had a gun that day and had routinely dismissed ongoing concerns about his disturbing behavior.
Legal experts say Zwerner’s lawsuit faces an uphill battle under Virginia’s unusually strict workers’ compensation law, which covers allegations of negligence.
Meanwhile, the mother of the six-year-old boy who shot Zwerner is still awaiting sentencing for child neglect.
Deja Taylor arrives at federal court in Virginia Beach, Virginia, on June 12. Her 6-year-old shot his teacher in a classroom
Taylor pleaded guilty in June to using marijuana while in possession of a firearm. Authorities said she lied on a federal background check about her drug use when she bought the gun her son took to school
Deja Taylor’s sentencing was scheduled for Friday afternoon, but was postponed until December.
Court records show the delay comes at the request of both the defense and prosecutors, in part because a report from the guardian ad litem was not yet available.
In Virginia, a guardian ad litem is appointed to represent the best interests of the child in cases involving neglect.
Taylor, 25, faces up to five years in prison after pleading guilty, although prosecutors will only recommend a six-month sentence as part of a plea deal.
Taylor told police she believed her 9mm handgun was secured with a trigger lock at home. But authorities said they never found a lock during searches.
Taylor’s son told authorities he climbed a drawer to reach the top of a dresser drawer, where the gun was in her purse. He hid the gun in his backpack and then in his pocket before shooting his teacher in front of the class, prosecutors said.
Taylor has separately pleaded guilty to using marijuana while possessing a gun, which is illegal under U.S. law, and will be sentenced in federal court next month.
A plea deal in that case calls for a prison sentence of 18 to 24 months.