NEWPORT NEWS, Va. — A $40 million lawsuit filed by Abby Zwerner - the former first-grade Richneck Elem. teacher who was shot by her student in Jan. 2023 - is going to trial.
The Newport News School Board tried to prevent the jury trial by filing an appeal after a judge ruled the case did not fall under workers compensation. Attorneys for the School Board have argued that Zwerner is only eligible for workers compensation since her injuries were workplace-related.
Zwerner claims her injuries are the result of school administrators' negligence.
WATCH: Full interview with Abby Zwerner 1 year after she was shot by student at Richneck Elem.
The School Board’s attorneys confirmed to News 3 that the Virginia Court of Appeals ruled against hearing their petition, and the case will be heard by a jury. They shared the following statement with us:
“An interlocutory appeal is an extraordinary remedy that is rarely ever granted. We knew when we filed the petition that the Court of Appeals granting our petition at this stage in the litigation was a long shot. With the interlocutory appeal being denied, the case will now proceed to trial and we firmly believe that the Supreme Court of Virginia will ultimately rule that Ms. Zwerner’s workplace injuries fall under the exclusive jurisdiction of Virginia’s Worker’s Compensation Act. As clearly shown in the order denying the interlocutory appeal, all issues are preserved for future appellate review.”
Attorneys for Zwerner shared the following statement with us after the School Board’s appeal was denied:
“The higher court has spoken—we will go to trial. This is another important victory in a string of victories for Abby Zwerner that paves the way for her finally having her day in court. Newport News School Board has made every effort to skirt accountability, but their day is coming.”
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The judge's ruling that Zwerner’s case is not a workers compensation issue is significant: If workers compensation applied to her situation, she’d only be eligible for about up to 10 years of pay and lifetime medical care for her injuries. That’s far less than the $40 million she’s suing the School Board for.
Her injuries falling under workers compensation would have also effectively ended her lawsuit.
The jury trial is scheduled to start in January 2025.
Stay with News 3 for updates.
