NEWPORT NEWS, Va. (WAVY) — The attorneys for Abby Zwerner have confirmed the former school teacher’s lawsuit is going to trial.
Zwerner was shot in her classroom by her 6-year-old student at Richneck Elementary School in Newport News.
“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,” said Attorneys Diane Toscano, Kevin Biniazan, and Jeffrey Breit.
In November, Circuit Court Judge Matthew Hoffman ruled that Zwerner could proceed with her $40 million lawsuit under claims of negligence, saying the case was not a matter for worker’s compensation. However, the judge opened the door for NNPS to appeal that ruling.
“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,” said Anne C. Lahren an attorney for Newport News Public Schools.
The 6-year-old boy’s mother, Deja Taylor, was sentenced to two years in prison last December.