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Former Richneck Elementary School teacher Abby Zwerner's $40 million lawsuit against the Newport News School Board will proceed to trial as scheduled, following the Virginia Court of Appeals' decision to decline hearing an appeal in the case. The ruling marks a significant development in Zwerner's legal battle after she was shot by a student in her classroom.

Appeals Court Declines to Intervene

In a pivotal decision, the Virginia Court of Appeals rejected the Newport News School Board's appeal, which sought to halt Zwerner's lawsuit before it reached trial. The court's refusal to hear the appeal allows the case to move forward, affirming Zwerner's pursuit of justice. The journey to trial has been arduous for Zwerner, spanning over a year since the tragic incident at Richneck Elementary School. Despite challenges from the school board, Judge Matthew Hoffman's decision in November paved the way for the case to proceed to trial, denying the board's argument that Zwerner's only recourse was through a workers' compensation claim. Zwerner's legal team welcomed the court's decision, hailing it as a significant triumph in her pursuit of accountability and justice. Attorneys Diane Toscano, Kevin Biniazan, and Jeffrey Breit expressed confidence in Zwerner's case, emphasizing that the school board's attempts to evade responsibility would ultimately be unsuccessful.

School Board's Response

In contrast, Anne Lahren, representing the school board, acknowledged the slim chances of success in their appeal, highlighting the rarity of interlocutory appeals. Despite the setback, the school board remains steadfast in its belief that Zwerner's injuries fall under workers' compensation jurisdiction. From the outset, Zwerner has made it clear that she does not seek workers' compensation benefits, a sentiment echoed by her legal team. The school division's decision to file for workers' compensation on her behalf has been met with criticism, with Zwerner's attorneys denouncing it as an insult to her ordeal. As the legal proceedings progress, Zwerner edges closer to her day in court, where she hopes to hold the school board accountable for the tragic events that unfolded in her classroom. The rejection of the appeal signals a significant milestone in her quest for closure and accountability.