Virginia First Grade Teacher Sues School for $40 Million After Being Shot by Student
Newport News, Virginia – A first-grade teacher in Newport News, Virginia, who was shot by a six-year-old student in her classroom, appeared in court on Friday in her bid to claim $40 million in damages from Newport News Public Schools. Abby Zwerner, 26, spent two weeks in the hospital after the incident in January where a bullet struck her hand and chest. She accuses the school of gross negligence, claiming that they ignored warnings that the boy had a gun in his backpack.
Zwerner’s lawyers argued in court that the administrators at her school were grossly negligent and failed to take appropriate action despite reports of the child having a gun. They contend that encountering a firearm is not part of a first-grade teacher’s job. However, the school board disagrees, asserting that Zwerner’s injuries fall under workers’ compensation, which would entitle her to 10 years’ pay and limited medical benefits.
During the hearing, Judge Matthew Hoffman heard arguments from both parties and will make a ruling on the matter within the next week. If the case proceeds, it will be heard in court, but if the judge decides it falls under workers’ compensation, it will be redirected to the workers’ compensation commission.
Following the hearing, Zwerner, supported by her attorneys, chose not to answer questions from reporters. Her attorney, Kevin Biniazan, asked for understanding, stating that it was an overwhelming moment for her.
Legal experts have noted that Zwerner’s lawsuit faces a challenging battle under Virginia’s strict workers’ compensation law, which covers allegations of negligence. The law limits the damages that workers can claim in such cases.
In a separate development, the mother of the six-year-old boy who shot Zwerner, Deja Taylor, 25, pleaded guilty to felony child neglect in June. Taylor admitted to using marijuana while possessing a firearm and lying about her drug use on a federal background check form when purchasing the gun that her son took to school.
Taylor’s sentencing, which was scheduled for Friday afternoon, has been postponed until December due to a delay in receiving a report from the guardian ad litem. The guardian ad litem is appointed to represent the child’s interests in cases alleging neglect. Taylor faces up to five years in prison, and prosecutors are recommending a six-month sentence as part of a plea deal.
Taylor’s son accessed the gun by climbing onto a dresser and took it to school concealed in his backpack. He then shot Zwerner in front of the class. Taylor has also pleaded guilty to separate charges of using marijuana while owning a gun, which is illegal under federal law. She will be sentenced next month, and the plea deal suggests a prison term of 18 to 24 months.
The case has raised concerns about the safety of students and teachers in schools, prompting calls for stricter gun control measures and improved security protocols.