Abaca PressAbby Zwerner
NOS Nieuws•vandaag, 10:28
A teacher who was shot by a 6-year-old student in the American state of Virginia may file a lawsuit demanding $40 million from a school umbrella organization. According to the teacher, he was negligent and warnings about the boy were ignored.
The Newport News court decision means teacher Abby Zwerner can claim far more money than just damages for the serious injuries she suffered in the shooting in her classroom in January.
The school’s lawyers had tried to block the lawsuit, arguing that Zwerner was only eligible for so-called “workers’ compensation.” That would have entitled her to almost ten years’ wages and lifelong medical care.
The school board argued that Zwerner’s injuries were directly related to her job and therefore covered by workers’ compensation. “The risk of this job is that a teacher may be injured at the hands of a student, which unfortunately occurs regularly and has become increasingly common recently,” the school’s attorney said in a statement.
But the judge ruled that the injuries Zwerner suffered from the shooting did not arise from her job and therefore are not covered by workers’ compensation coverage. “The risk of being shot by a student is not inherent or typical for a first-grade teacher,” the judge said, according to the AP news agency.
‘Common’
Zwerner was shot in front of her students by the 6-year-old boy and was seriously injured. The boy had brought the firearm from home. It belonged to his mother, who legally owned it. The teacher was hospitalized for almost two weeks and underwent multiple operations after a bullet hit her hand and chest.
The teacher claims that school officials ignored multiple warnings that the boy had brought a gun with him that day. Previous concerns about the boy’s “disturbing behavior” were also reportedly dismissed. The boy is said to have behaved violently at home and at school, for example he also “strangled” his kindergarten teacher.
Appeal
The teacher’s lawyers said the boy’s attack was specifically aimed at her and the judge also ruled that Zwerner was shot “personally.” The judge noted that the boy kept the gun with him from the beginning of the school day until just before the end.
“It was only when the student was back in Zwerner’s classroom that he decided to fire once, attacking her,” the Newport News judge wrote. “At no time did he threaten any other student, teacher or administrator at the school with the firearm.”
The AP news agency reports that the trial is provisionally scheduled for January 2025. The lawyers for the school board will appeal against the judge’s decision.
2023-11-04 09:28:48
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