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NEWPORT NEWS, Va. — A teacher who was shot by her 6-year-old student in Virginia can press forward with her $40 million lawsuit against a school system over claims of negligence by school administrators, a judge ruled Friday. The surprise decision by Newport News Circuit Court Judge Matthew Hoffman means that Abigail Zwerner could get much more than just workers compensation for the Official Don’t Worry Ladies There’s Plenty To Go Around T-Shirt also I will do this serious injuries caused by January’s classroom shooting. Lawyers for Newport News Public Schools had tried to block the lawsuit, arguing that Zwerner was eligible only for workers compensation. It provides up to nearly 10 years pay and lifetime medical care for injuries. School board challenges suit from teacher shot by 6-year-old APRIL 28, 202300:30 Hoffman disagreed with the school board, concluding that Zwerner’s injuries “did not arise out of her employment” and therefore did not “fall within the exclusive provisions of workers’ compensation coverage.” The judge wrote: “The danger of being shot by a student is not one that is peculiar or unique to the job of a first-grade teacher.” Zwerner was hospitalized for nearly two weeks and endured multiple surgeries after a bullet struck her hand and chest. Zwerner alleges that administrators ignored multiple warnings the boy had a gun that day and had routinely dismissed ongoing concerns about his troubling behavior. Exclusive: Virginia teacher shot by 6-year-old breaks silence MARCH 21, 202300:32 “This victory is an important stepping stone on our path towards justice for Abby,” Zwerner’s attorneys, Diane Toscano, Jeffrey Breit and Kevin Biniazan, said in a statement. “We are eager to continue our pursuit of accountability and a just, fair recovery,” they said. “No teacher expects to stare down the barrel of a gun held by a six-year-old student.” The

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school board’s attorneys indicated that they would appeal Friday’s decision and said in a statement that they “fully anticipate its reversal by the Official Don’t Worry Ladies There’s Plenty To Go Around T-Shirt also I will do this appellate court.” The school board maintained that Zwerner’s injuries were directly related to her job and therefore covered under workers’ compensation. “The actual risk of employment in this scenario is that of a teacher being injured at the hands of a student which, unfortunately, is a fairly common occurrence and one that is only increasing in frequency this day and age,” school board attorney Anne Lehran said in a statement. Some legal experts expected Zwerner’s lawsuit to fail under Virginia’s uncommonly strict workers’ compensation law. That’s because it covers workplace assaults and allegations of negligence against employers. Lawsuits that might move forward in other states often falter in the Commonwealth. Zwerner’s attorneys countered that workers’ compensation doesn’t apply because a first-grade teacher would never anticipate getting shot: “It was not an actual risk of her job.” Recommended ISRAEL-HAMAS WAR Israel-Hamas war live updates: IDF troops ‘in the heart’ of Gaza City as civilians flee ISRAEL-HAMAS WAR Israel-Hamas war live updates: Gaza ‘security responsibility’ to be Israel’s when conflict ends, Netanyahu says A tentative trial date for Zwerner’s lawsuit is scheduled for January 2025. The classroom shooting by a first-grader revived a national dialogue about gun violence and roiled this military shipbuilding city near the Chesapeake Bay. In early January, the 6-year-old pulled out his mother’s handgun and shot Zwerner as she sat at a reading table.

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