The motion argues that the injuries suffered by first-grade teacher Abigail Zwerner should be remedied as a workers' compensation claim. Here's more.
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 poses for a portrait at an undisclosed location in Virginia on March 20, 2023. "The fact that the student used a gun as opposed to stabbing with a pair of scissors or throwing a textbook at a teacher's head does not change this basic fact," lawyer Anne Lahren of the law firm Pender & Coward said. "We are asking the Court to hold that since Ms. Zwerner suffered a workplace injury, this case falls under the exclusive jurisdiction of the Workers' Compensation Commission and not the Newport News Circuit Court.
Her lawsuit alleges that Richneck administrators were aware of the student's alleged pattern of troubling behavior and that leadership on the day of the shooting knew of at least three separate warnings that the boy was believed to have a gun and some other students reported seeing it.against the boy's mother, Deja Taylor, who faces a count of felony child neglect and a misdemeanor count of recklessly leaving a loaded firearm so as to endanger a child.
"If the special grand jury determines that additional persons are criminally responsible under the law, it can return additional indictments," Newport News Commonwealth's Attorney Howard Gwynn said.
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School board seeks dismissal of $40M lawsuit filed by Virginia teacher shot by studentSchool 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.
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Virginia school board wants teacher’s $40M suit over 6-year-old shooter tossedAbigail Zwerner, 25, was shot in the hand and chest on Jan. 6 as she sat at a reading table in her first-grade classroom at Richneck Elementary.
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