School district officials in Newport News, Virginia, are seeking the dismissal of a $40 million lawsuit filed by the elementary school teacher who was shot by her 6-year-old student during class in January.
The motion, filed Wednesday in the Newport News Circuit Court, argues that the injuries suffered by first-grade teacher Abigail Zwerner should be remedied as a workers' compensation claim, and that state law"exists for the benefit of employees for the purpose of providing coverage for workplace injuries without having to prove negligence on the part of the employer."
The shooting is"an exception," lawyer Jeffrey Breit said, because"no 6-year-old student is going to be a risk of shooting their teacher."Virginia elementary school teacher Abigail Zwerner in Virginia on March 20.
A fourth defendant named in Zwerner's lawsuit, former Richneck Assistant Principal Ebony Parker, who resigned following the shooting, has not yet responded to the complaint through her attorney.praised her Taylor's lawyer, James Ellenson, said this month that the allegations in Zwerner's complaint involving the 6-year-old"should be taken with a large grain of salt.""We of course continue to pray for Ms. Zwerner's complete recovery," he said.
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