Posted on 10/28/2023 4:00:30 AM PDT by Libloather
A Virginia first grade teacher who was shot in class by a six-year-old student appeared in court on Friday as she bids to claim $40 million in damages.
Abby Zwerner is suing Newport News Public Schools for $40 million, alleging gross negligence against school administrators.
But the school board is trying to block the lawsuit, arguing that Zwerner's injuries fall under 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, which saw 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 six-year-old told a reading specialist who restrained him: 'I shot that (expletive) dead' and 'I got my mom's gun last night,' according to search warrants.
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 to trial because 'no first-grade teacher expects to be shot at work.'
'The particular danger of encountering a firearm is not in the nature of employment for a first-grade teacher,' Biniazan said.
But Anne Lahren, an attorney for the school board, said the incident 'falls squarely' under 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 also fall under the law, Lahren added.
Robert Samuel, another school board lawyer, said: 'This doesn't mean that Ms. Zwerner doesn't get benefits and is left out in the cold.'
Matthew Hoffman, a circuit court judge in Newport News, said he'll rule on the matter...
(Excerpt) Read more at dailymail.co.uk ...
Getting shot is not a regular hazard for teachers. This isn’t a worker’s comp area. 40 million is reaching for the stars but if you don’t ask, the answer is always “no”.
Nope...sue the kid’s parents of course but unless you can prove that the school knew the kid had the gun and did nothing about it not *one dime* from the School Dept.
“40 million is reaching for the stars but if you don’t ask, the answer is always ‘no’.”
Maybe she read “The Art Of The Deal”.
Kid's mom needs Hunter Biden's attorneys.
$40 million is a lot, but from what I remember, the school admins did pretty much know the kid might’ve been carrying a gun. As another poster mentioned, being shot is not something routine in the Worker’s Comp. realm.
Normally it is infuriating to hear about someone asking for so much money, but the school was so much at fault here. Hope she gets some kind of a good settlement, because I’m sure she’ll never be able to teach again.
LOL!
I wish there was a like button. You win the internet today.
No wonder homeschooling is booming.
The school is a Gun Free Zone. There is no way this could have happened, Your Honor. /s
EC
One of her attorneys, Kevin Biniazan, asked the judge to allow Zwerner's lawsuit to proceed to trial because 'no first-grade teacher expects to be shot at work.''The particular danger of encountering a firearm is not in the nature of employment for a first-grade teacher,' Biniazan said.
That starts in the Second Grade.
I attended 7th & 8th grade in that school district in the 60’s. We had to evacuate the school often because of bomb threats.
Once, my gym class was in the showers and had to rush out. A number of us couldn’t get towels. It was bitter cold out there. We were outside the rest of the day because this time they found a bomb. 💣
The shooters mother is a ghetto crack ho.
Good luck rinsing money out of that rock. As usual, the productive members of society (taxpayers) will have to pay.
And I wouldn’t be opposed to the idea that people employed by the taxpayers should forfeit the right to sue their employer entirely.
Go for it Abby!
So there was a shrinkage situation ?😳
“Little bastard shot me in the ass.”
Give her the pensions of every administrator who ignored the report that theboy had a gun.
Strange world we live in.
Talented, intelligent, educated people are devoting their lives to helping lower iq, trashy people better themselves.
And they are hated for it……😳
The school had already identified the kid as a threat and regularly searched him and his backpack. They didn’t find the gun that day.
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