Teacher Shot by 6 year old: All in a Days Work? by Rivette Pena In the intricate tapestry of education, where teachers bear immense responsibilities beyond the traditional scope of imparting knowledge, Abigail Zwerner’s recent legal battle illuminates the unforeseen challenges inherent in the noble profession. As a dedicated educator charged with shaping the minds of future generations, Zwerner’s experience goes beyond the academic realm, exposing assumed liabilities that extend far beyond the anticipated responsibilities of a first-grade teacher. The recent ruling by Newport News Circuit Court Judge Matthew Hoffman allowing Zwerner to proceed with her $40 million lawsuit against the school system marks a crucial juncture, challenging the prevailing notion that the risks faced by teachers fall exclusively under the provisions of workers’ compensation.
Newport News Public Schools sought to block Zwerner’s lawsuit, asserting that she was eligible only for workers’ compensation benefits, typically covering a decade of pay and lifelong medical care for on-the-job injuries. However, Judge Hoffman disagreed, asserting that Zwerner’s injuries did not directly stem from her employment and were not exclusively covered by workers’ compensation. He emphasized that the risk of being shot by a student is not inherent to the role
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of a first-grade teacher, countering the argument that such incidents are common occupational hazards.
Zwerner, who endured significant injuries to her hand and chest, spent nearly two weeks in the hospital, undergoing multiple surgeries. Alleging that school administrators had ignored prior warnings about the student possessing a gun, Zwerner’s case sheds light on the critical role administrators play in ensuring a safe learning environment. Expressing satisfaction with the judge’s decision, Zwerner’s legal team, including Diane Toscano, Jeffrey Breit, and Kevin Biniazan, underscored the ruling’s importance in their pursuit of justice for Zwerner. They highlighted the unexpected nature of the incident, emphasizing that no teacher anticipates facing a firearm held by a six-year-old student, and expressed their determination to seek accountability and a fair recovery.
While the school board plans to appeal the decision, asserting that Zwerner’s injuries are linked to her job and should be covered under workers’ compensation, the judge’s ruling challenges the widely held belief that such
Teachers Making a Difference | Vol 2 Issue 1 , January 2024
