Lawyers for Newport News Public Schools had tried to block the lawsuit, arguing that Zwerner was eligible only for workers compensation.
The judge wrote: “The danger of being shot by a student is not one that is peculiar or unique to the job of a first-grade teacher.”.
Zwerner was hospitalized for nearly two weeks and endured multiple surgeries after a bullet struck her hand and chest.
“No teacher expects to stare down the barrel of a gun held by a six-year-old student.”.
The school board maintained that Zwerner’s injuries were directly related to her job and therefore covered under workers’ compensation.
In early January, the 6-year-old pulled out his mother’s handgun and shot Zwerner as she sat at a reading table.
He said they needed to prove the shooting was unrelated to Zwerner’s job, even though she was shot in her classroom. »
