On Friday, a judge ruled that a Virginia elementary teacher who was reportedly shot by her 6-year-old student in January can move forward with her $40 million lawsuit against the school district.
A Richneck Elementary student reportedly shot Abigail Zwerner, 25, with his mother’s gun on January 6 as she taught 20 other students. Judge Matthew W. Hoffman concluded that Zwerner’s case is not just limited to a Workers’ Compensation claim — meaning she can pursue a personal injury lawsuit, according to the Virginian Pilot.
Under a Workers’ Compensation claim, Zwerner could only collect two-thirds of her pay, tax free, for nine years and eight months in addition to lifetime medical benefits. However, Zwerner’s attorneys argued that getting shot by a first-grader should not be considered a reasonable workplace risk, the Virginian Pilot reported.
Zwerner’s lawyers also asserted that the teacher’s injuries were targeted and “personal,” and
The student’s mother, Deja Taylor, pleaded guilty in August to neglect. She had claimed the handgun had a trigger lock and was stowed on the top shelf of a bedroom closet — but her son told cops that he took it from her purse by standing on a dresser drawer.
Zwerner’s lawyer, Diane Toscano, alleged that three teachers went to administrators about the boy’s behavior on the day of the shooting, including Zwerner. Zwerner reportedly told administrators that the student had threatened to beat up a classmate. Later, another teacher reportedly told administrators that they searched his backpack.
Though the gun was not located, that teacher said the gun may be in the boy’s pocket.
According to Toscano, a third teacher informed administrators that the boy brandished a gun at recess and threatened to shoot a classmate if he told. The lawyer also claimed that another teacher asked to search the boy but administrators denied the request as they wanted to “wait [out] the situation out because the school day was almost over.”
Superintendent George Parker III previously stated that “at least one administrator” was aware of a possible weapon in the boy’s possession prior to the shooting. On the day of the shooting, the boy reportedly arrived at school late and his backpack was inspected in the front office.
Days after the shooting investigators reportedly interviewed a kindergarten teacher who said that in 2021, the boy approached her from behind and choked her “to the point she could not breathe.” Investigators determined that school officials did not properly report this incident to CPS.
A civil trial is scheduled to begin in January. The Newport News School Board and other defendants are expected to appeal Friday’s ruling to the Virginia Court of Appeals, which could delay the upcoming trial.
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[Featured image: Abigail Zwerner/GoFundMe]]
