Abigail Zwerner, teacher shot by 6-year-old, can proceed with lawsuit against school board

A teacher who was shot by her 6-year-old student can proceed with a $40 million lawsuit against Virginia school officials for failing to act on warnings to prevent the shooting, a judge has ruled.

Attorneys for the Newport News school board moved to dismiss the suit in April, arguing that Abigail Zwerner, 26, was only entitled to worker's compensation because the injuries she endured from the shooting "arose out of and in the course of her employment."

Newport News circuit court judge Matthew Hoffman sided with Zwerner on Friday. "The danger of being shot by a student is not one that is peculiar or unique to the job of a first-grade teacher," he wrote.

The ruling means Zwerner could receive compensation of more than the 10 years of pay and lifetime medical care she is eligible for under the Virginia Worker's Compensation Act.

"We have reviewed Judge Hoffman’s opinion and disagree with his ruling," Anne Lahren, an attorney for the school board, wrote in a statement to USA TODAY. "The actual risk of employment in this scenario is that of a teacher being injured at the hands of a student which, unfortunately, is a fairly common occurrence and one that is only increasing in frequency this day and age."

"This victory is an important stepping stone in our path toward justice for Abby," Zwerner's attorneys Diane Toscano, Jeffrey Breit and Kevin Biniazan wrote in a statement to USA TODAY. "No teacher expects to stare down the barrel of a gun held by a 6-year-old student."

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Zwerner accuses school officials of negligence

Zwerner filed the suit against school officials months after the student shot her with his mother's gun in a Richneck Elementary School classroom in January in a case that shocked the world and drew increased attention to guns in schools.

The bullet went through Zwerner's hand and entered her chest, forcing her to undergo four surgeries and spend nearly two weeks in a hospital.

Zwerner resigned from her position in March. Her last day of work was June 12, according to spokesperson Michelle Price.

In her lawsuit, Zwerner accused the school board of "negligence, gross negligence and reckless disregard in their refusal to immediately report that a student at Richneck Elementary School had illegally carried a firearm onto school property," according to a complaint viewed by USA TODAY.

Zwerner claimed at least three school employees and several students reported that the boy brought a gun to school on the day of the shooting, but school officials failed to search him or alert police.

A search of the boy's backpack earlier in the day did not turn up the weapon, according to court documents.

Zwerner alleged that another student "who was visibly upset and crying" told a teacher earlier that the boy showed him a gun in his pocket on the playground, but the school principal said the boy's pockets were too small to hold a gun and did not authorize a further search.

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Student's mother faces child neglect and gun charges

Deja Taylor, the mother of the child who shot Zwerner, faces up to six months in prison after she pleaded guilty to felony child neglect in August.

Taylor told police her son had behavioral issues and took medication for "obstructive defiance disorder," court records show.

The school mandated Taylor to accompany her son to school during the semester leading up to the shooting because of his behavior problems. The shooting occurred the first week after the policy ended and her son was allowed to attend class on his own.

Days before the shooting, the boy grabbed Zwerner's phone and smashed it on the ground, according to court documents. Taylor later disputed accounts of the incident in an interview on Good Morning America, saying her son accidentally knocked the phone from Zwerner's hand.

Taylor accepted a plea deal on separate federal gun charges for illegally using drugs while owning a firearm and lying about her drug use when she purchased the weapon.

Taylor's son told police he stood on a dresser to take his mother's gun from her purse, according to court documents. On the day of the shooting, he told officers, "My mom had that gun. I stole it because I needed to shoot my teacher."

A police search of Taylor's apartment after the shooting did not turn up a gun safe, trigger lock or other equipment to secure the gun. Police also found marijuana and narcotics paraphernalia.

A judge delayed a hearing for Taylor's sentencing for child neglect charges until Dec. 15.

Contributing: The Associated Press

This article originally appeared on USA TODAY: Teacher Abigail Zwerner shot by 6-year-old can proceed with lawsuit