A Virginia judge has ruled that a first-grade teacher who was shot by her six-year-old student can proceed with a $40 million lawsuit against the school system. Abby Zwerner, the teacher, was shot in January and spent two weeks in the hospital recovering from her injuries. She is now suing the school administrators for negligence, claiming that they ignored multiple warnings about the student's troubling behavior and the fact that he had a gun on the day of the shooting.

The judge's decision was a surprise to the Newport News Public Schools, who had argued that Zwerner was only eligible for workers' compensation, which provides up to 10 years' pay and lifetime medical care for injuries. However, Judge Matthew Hoffman disagreed with the school board, stating that Zwerner's injuries did not arise out of her employment and therefore did not fall within the exclusive provisions of workers' compensation coverage.

Zwerner's injuries were severe, requiring multiple surgeries after being shot in the hand and chest. Her attorneys argued that workers' compensation did not apply because getting shot is not an actual risk of being a first-grade teacher. They believe that Zwerner should receive a just and fair recovery for her injuries.

The school board's attorneys have indicated that they will appeal the judge's decision, fully anticipating its reversal by the appellate court. They maintain that Zwerner's injuries were directly related to her job and should be covered under workers' compensation.

Legal experts have noted that Virginia has strict workers' compensation laws, making it difficult for lawsuits like Zwerner's to succeed. However, her attorneys argue that the shooting was unrelated to her job, despite occurring in her classroom. They claim that the boy's violence was random and not aimed specifically at Zwerner.

The shooting by a first-grader sparked a national conversation about gun violence and caused unrest in the military shipbuilding city of Newport News. Zwerner's lawsuit alleges that school officials ignored warnings about the student's violent tendencies and the fact that he had a history of random violence at school and home.

A trial date for Zwerner's lawsuit has been tentatively set for January 2025. The outcome of this case could have implications for future cases involving workplace violence and negligence by employers.