NEWPORT NEWS, Va. (WAVY) — A judge ruled on Feb. 14 that Newport News Public Schools could appeal his decision that allowed Abby Zwerner to pursue a lawsuit against the district after being shot by her first-grade student.
Zwerner was shot in her classroom by her 6-year-old student at Richneck Elementary School in Newport News.
Circuit Court Judge Matthew Hoffman ruled back in November that Zwerner could proceed with her $40 million lawsuit under claims of negligence, saying the case was not a matter for worker’s compensation. Wednesday afternoon Hoffman opened the door for NNPS to appeal that ruling.
The former first-grade teacher said the school was warned multiple times of the potential threat.
Even before Wednesday’s ruling that NNPS was entitled to interlocutory appeal , the school system had already filed a worker’s comp claim on behalf of Zwerner, against her wishes.
One of Zwerner’s attorneys, Diane Toscano, said the filing was against her client’s wishes.