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Virginia teacher, Abby Zwerner can move forward with her $40M lawsuit against the school system. A Newport News Circuit Court judge, Matthew Hoffman, has granted permission for a lawsuit that claims negligence by school administrators to proceed. 

Zwerner, a first-grade teacher was shot by her 6-year-old student in January. The shocking incident led to a lengthy hospitalization, multiple surgeries, and severe trauma for Zwerner. She believes that the school administrators ignored multiple warnings about the child having a gun and his problematic behavior.

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$40M Lawsuit to Proceed

Newport News Public Schools initially argued that Zwerner was only eligible for workers' compensation, which provides financial support for work-related injuries. This system covers up to nearly ten years of pay and lifetime medical care. However, Judge Hoffman disagreed with the school board's assertion that Zwerner's injuries "arose out of her employment."

Judge Hoffman's ruling emphasized that the risk of being shot by a student was not specific to the role of a first-grade teacher and, therefore, should not be exclusively covered by workers' compensation. He stated, "The danger of being shot by a student is not one that is peculiar or unique to the job of a first-grade teacher."

 The school board's attorneys have expressed their intention to appeal Judge Hoffman's decision, with the hope of reversing it in the appellate court. They have consistently maintained that Zwerner's injuries were directly linked to her job and thus fall under the purview of workers' compensation.

Virginia's Unique Workers' Compensation Law

 Virginia's workers' compensation law is known for its strictness, often making it difficult for cases like Zwerner's to progress. This law covers workplace assaults and allegations of employer negligence, which can hinder lawsuits from moving forward.

Zwerner's legal team has contended that workers' compensation should not apply in her case because she could not have foreseen the risk of being shot while teaching first-graders. They argue that it was not an inherent risk of her job.

The classroom shooting by a 6-year-old student brought gun violence back into the national dialogue and shook Newport News, a city known for its military shipbuilding near the Chesapeake Bay.

Zwerner's lawsuit alleges that school officials ignored several warnings about the child having access to a gun and exhibiting violent behavior. The shooting was reportedly intentional, and Zwerner maintains that the boy had a history of violent outbursts.

The "Personal" Element

 In the ruling, Judge Hoffman emphasized that the shooting against Zwerner was a "personal" act on the part of the 6-year-old student. The child's motive, as stated in the ruling, was unrelated to Zwerner or her role as a teacher. This personal motive is at the heart of the case's complexity.

The school board has consistently argued that the shooting was, in essence, work-related, as the teacher-student relationship was the only connection between Zwerner and the young student. They question how the incident could be deemed anything other than related to Zwerner's employment.

The $40M lawsuit filed by Abby Zwerner against the school system is a high-stakes legal battle with significant implications. It not only addresses the traumatic incident she endured but also raises questions about the boundaries of workers' compensation and the nature of personal motives in workplace-related cases.

 The tentative trial date is set for January 2025.