Virginia teacher Abby Zwerner, who was shot by her 6-year-old student, has been given the green light to proceed with her $40 million lawsuit against the school system. The teacher alleges school administrators were negligent, and a recent ruling by Newport News Circuit Court Judge Matthew Hoffman could see her receive more than workers’ compensation for her injuries from the shooting at the January classroom.
The school board had previously tried to stop the lawsuit, arguing that Zwerner was only entitled to workers’ compensation, which would cover nearly a decade’s worth of pay and lifelong medical care for the injuries. However, Judge Hoffman disagreed, stating that Zwerner’s injuries did not arise out of his employment and therefore did not fall under the exclusive provisions of workers’ compensation coverage. He added that the risk of being shot by a student is not a unique danger for a first grade teacher.
Zwerner, who spent nearly two weeks in the hospital and underwent multiple surgeries after being shot in the hand and chest, claims school administrators ignored multiple warnings that the boy had a gun on the day of the incident and had consistently dismissed ongoing concerns about his troubling behaviour.
Zwerner’s legal team is ready to continue its pursuit of accountability and fair and just recovery, saying no teacher expects to face a gun in the hands of a six-year-old student. On the other hand, attorneys for the school board plan to appeal Friday’s decision, insisting that Zwerner’s injuries were directly related to his job and therefore covered by workers’ compensation.
The incident has reignited national conversations about gun violence. In early January, the 6-year-old took his mother’s gun and shot Zwerner as she sat at a reading table. He managed to get the rest of his students down the hall before collapsing in the school office.
Zwerner’s lawsuit, scheduled for trial in January 2025, alleges school officials ignored multiple warnings that the boy had a gun and was in a violent mood. According to Zwerner, the boy had a history of random violence at school and at home.
Judge Hoffman noted in his ruling that the shooting of Zwerner was “personal” since the boy had the gun with him throughout the school day and did not threaten any other students, teachers or administrators. The school board, however, disagrees and questions how the shooting could be anything but work-related.
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