The Newport News School District filed a motion Wednesday arguing that the teacher who sustained injuries after being shot by a six-year-old student earlier this year cannot file a $40 million lawsuit in the circuit court, arguing that her injuries are covered by the state’s worker compensation law.
Abigail Zwerner, 25, was shot in the hand and chest early this year while teaching at Richneck Elementary School in Newport News, and needed tone hospitalized for two weeks.
“Plaintiff is not without remedy; her remedy is dictated by the Virginia Workers’ Compensation Act and the provisions contained therein,” reads the motion, obtained by News. “The Newport News Circuit Court does not have jurisdiction to hear workers’ compensation claims.”
The mother of the child who shot the teacher was arrested earlier this month and charged with with felony child neglect and misdemeanor for “recklessly leaving a loaded firearm to endanger a child,” police said.
Zwerner filed a $40 million lawsuit earlier this month against school officials, alleging they were negligent in heeding warning signs that could have prevented the shooting.
Zwerner’s legal team said at the time that the school officials failed to address multiple warning signs on the day of the shooting that could have “prevented this tragedy from happening.”
Mister Truth has reached out to lawyers for Zwerner and the school board for comment.