NEWPORT NEWS, Va. — Lawyers for the school board in Newport News, Virginia, have filed a motion to dismiss the $40 million lawsuit filed by first-grade teacher Abby Zwerner who was shot in her classroom by a 6-year-old student.
The attorneys for the board claim that her injuries are covered under the state's worker's compensation law for which she was approved to receive benefits, but they say she refused to accept them and filed suit instead.
Lawyers for the school board wrote in the motion that Zwerner's complaints about the shooting in her lawsuit,"alleges in detail a long list of workplace conditions that were a direct and proximate cause of the attack on Zwerner." Zwener"goes as far as to claim that she reasonably anticipated that 'she would be working with young [elementary school] children who posed no danger to her.' While in an ideal world, young children would not pose any danger to others, including their teachers, this is sadly not reality," the motion says.
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