The Virginia college district the place a 6-year-old boy shot a trainer earlier this yr is arguing that she ought to obtain employees compensation for her accidents as an alternative of the $40 million she is in search of in a lawsuit.
Abigail Zwerner, 25, was studying to her first-grade class at Richneck Elementary on Jan. 6 when one in every of her college students with a historical past of behavioral challenges and violence pulled out a gun and shot her within the hand and chest with a single bullet.
Her lawsuit accuses the college district of gross negligence, in line with courtroom filings.
She was hospitalized for nearly two weeks and instructed NBC Information final month she was nonetheless in shock and nonetheless had nightmares in regards to the taking pictures. The case rattled the navy shipbuilding group in coastal Virginia and garnered nationwide debate about gun and faculty violence.
Zwerner sued the Newport Information college district in April, claiming directors acted negligently after they didn’t heed warnings the boy was harmful and ignored reviews on the day of the taking pictures that he had a gun.
The Newport Information College Board mentioned in its submitting on Wednesday that Zwerner’s damage falls beneath Virginia employees compensation, which it mentioned covers assaults towards workers.
“Plaintiff was clearly injured whereas at work, at her place of employment, by a scholar within the classroom the place she was a trainer, and throughout the college day,” the college board mentioned.
SHOT TEACHER SUES:Virginia trainer sues college district for gross negligence, seeks $40 million
The submitting, which was offered to USA TODAY by college district spokesperson Michelle Worth, additionally argues towards Zwerner’s assertion in her lawsuit that she moderately anticipated she could be working with elementary-aged youngsters who would not be a hazard to her. The district cited circumstances of violence towards academics by college students from throughout the nation and in Newport Information.
“Whereas in an excellent world, younger youngsters wouldn’t pose any hazard to others, together with their academics, that is sadly not actuality,” the submitting says.
“That is precisely why Plaintiff strategically focuses on using a handgun versus another weapon with much less perceived notoriety and shock worth, despite the fact that critical accidents will be inflicted with scissors, knives, pencils, rocks, chairs, and fingers.”
The district argued if the kid had stabbed Zwerner within the neck with sharp scissors reasonably than taking pictures her with a gun, there could be no query the damage would fall beneath employees compensation. Zwerner refused to just accept employees compensation and filed her lawsuit as an alternative, the college board claimed.
In an announcement offered to USA TODAY on Friday by legal professional James Toscano, Zwerner’s authorized workforce mentioned no one would agree {that a} first-grade trainer ought to count on one of many dangers of educating is getting shot by a scholar.
“The college board’s place is opposite to how each citizen in Newport Information thinks academics needs to be handled, and the legislation doesn’t assist the board’s place,” the assertion reads. “Academics throughout the district might be alarmed to be taught their employer sees this as a part of the job description.”
The boy used his mom’s gun, investigators discovered. Whereas prosecutors have mentioned the kid wouldn’t face any fees, his mom was arrested earlier this month and charged with felony baby neglect and recklessly leaving a loaded firearm in order to hazard a baby. USA TODAY just isn’t naming the girl on this story to guard the identification of the kid. The boy has obtained psychological well being remedy in a hospital for the reason that taking pictures, his household’s legal professional beforehand mentioned.
Zwerner claimed in her lawsuit that college directors had a number of warnings on the day of the taking pictures that the boy might need a gun and be a hazard. The lawsuit additionally mentioned Zwerner would repeatedly elevate issues in regards to the kid’s habits, and that he had a well-documented historical past of violence together with a earlier incident when he “strangled” a kindergarten trainer.
The boy’s backpack was searched earlier than the taking pictures, however Zwerner’s lawsuit mentioned she noticed him take one thing out of his backpack and put it into his pocket, however an assistant principal mentioned that the boy’s “pockets had been too small to carry a handgun and did nothing.”
Diane Toscano, one in every of Zwerner’s attorneys, mentioned the college administration “was paralyzed by apathy” and didn’t take actions together with calling police, eradicating the boy from class or locking down the college.
READ MORE:Virginia 6-year-old who shot his trainer exposes flaws in how colleges deal with college students with disabilities
The district additionally pushed again on Zwerner’s argument that the kid ought to have been faraway from her class as a consequence of his habits. The district mentioned he was within the strategy of being evaluated and handled for attainable ADHD however the evaluations weren’t but full. The district mentioned Zwerner agreed with the plan on the time, which included eradicating earlier measure put in place similar to a father or mother accompanying him to class as a result of his habits had been bettering.
Educating the boy “by means of his behavioral analysis and academic journey” was a part of her job description, the district claimed.
Zwerner’s lawsuit names the Newport Information College Board and a number of other college district officers, together with former Superintendent George Parker III, as defendants. The go well with says Zwerner suffered bodily accidents, bodily ache, psychological anguish, misplaced earnings and different damages.
Contributing: The Related Press
