Abigail Zwerner: Virginia teacher who was shot by first-grader was told by school district it was part of her job
NEWPORT NEWS, VIRGINIA: The Newport News school district, which employs the teacher named Abigail Zwerner who was shot by her 6-year-old first-grade student, claims that the case brought by the teacher against the district should be dismissed. The school argues that because instructor Zwerner sustained her injuries while doing her duties, it is an issue of workers' compensation.
Zwerner, a teacher at Richneck Elementary School in Newport News, Virginia, was shot by one of her students on Friday, January 6, and sustained serious injuries, according to Law & Crime. Court filings named the shooter as a John Doe since he was too young to be named. He is said to have smuggled a firearm owned by his mother into the school that day and teachers repeatedly warned the school administration that the boy could potentially be dangerous. The boy allegedly shot Zwerner at roughly 2.00 pm. She filed a lawsuit against the school system and administrators earlier this month, citing negligence and carelessness on their behalf after suffering life-threatening injuries.
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What grounds is the school district using to have the case dismissed?
The school board requested that the lawsuit be dismissed on Wednesday, April 26, according to Law & Crime. The motion from the school district claims that the Newport News Circuit Court lacks jurisdiction over the case because being shot by a first-grader is essentially a risk that all teachers accept. It also notes that Zwerner has so far refused to accept payment under Virginia's Workers' Compensation Act.
The motion refers to this as an "unfortunate reality" and states that "One cannot assess the state today of education-based employment in the United States without paying attention to the problem of violence in its classroom."
The motion further states that, despite the fact that teachers now view themselves as "the first line of defense" when students assault one another, "teachers themselves are common targets of violent behavior by students."
The school district claims that Zwerner's injuries happened "in the course of" and "arising out of" her employment, so her claim is rightfully one for workers' compensation." The school district contends that it shouldn't matter that she was shot with a handgun rather than punched, kicked, or otherwise assaulted and that Zwerner's focus on the gun was just meant to be a diversion.
The motion states, "If the allegations in the Complaint substituted 'sharp scissors' for 'gun' and John Doe stabbed Plaintiff in the neck in the classroom, there would be no doubt that the injury would fall under Workers' Compensation. The handgun is the classic 'red herring'," according to Law & Crime.
The motion states, "Plaintiff was well-aware of John Doe’s history and behavioral challenges through her role as a teacher at Richneck Elementary School and a member of John Doe's SST. Educating John Doe through his behavioral evaluation and educational journey was squarely within Plaintiff’s job description. Thus, when John Doe acted out and injured Plaintiff during class on January 6, 2023, the resulting injuries fall under Workers' Compensation."
What did Abigail Zwerner's legal team say?
Zwerner's legal team stated that the school board's justification is excessive. The school district's motion did not address the claims made in Zwerner's complaint that the school administration repeatedly failed to take seriously the numerous instructors' concerns that the young kid was carrying a pistol that day.
A spokesperson for the Toscano Law Group said, "No one believes that a first grade teacher should expect that one of the risks of teaching first grade is that you might get shot by a six-year-old. The school board's position is contrary to how every citizen in Newport News thinks teachers should be treated, and the law does not support the board’s position. Teachers across the district will be alarmed to learn their employer sees this as part of the job description," according to Law & Crime.
Is the student facing any charges?
Police decided not to press charges against the 6-year-old, but his mother, Deja Taylor, was charged with felony child abuse and recklessly endangering a child by leaving a loaded pistol unattended.