Lawyers for the Virginia teacher shot by a 6-year-old student earlier this year are criticizing a motion to dismiss her lawsuit against the Newport News school board and administrators.
Abigail Zwerner was shot by the first grader on January 6 at Richneck Elementary School. She was hospitalized with gunshot wounds to her hand and chest, police said at the time. Zwerner filed the suit earlier this year against school administrators and the Newport News Public Schools board for $40 million in compensatory damages, CNN previously reported.
“No one believes that a first-grade teacher should expect that one of the risks of teaching first grade is that you might get shot by a 6-year-old,” Toscano and Breit said. Accidental injuries and those that happen either in the course of or arising out of the course of a person’s employment “strictly limit” the injured person’s rights under the act, the school board’s motion stated. Zwerner has refused benefits under the compensation act, according to the motion.
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