NEWPORT NEWS, Va. — Attorneys for Abby Zwerner and the Newport News School Board agreed to a key stipulation during a court hearing Wednesday afternoon.
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"No first-grade teacher in the Newport News school system would expect or anticipate getting shot with a firearm by a student as part of their job," attorney Jeffrey Breit, an attorney for Zwerner, said as he read the stipulation during the hearing.
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Judge rules Newport News School Board has to hand over info in Zwerner lawsuit
After Zwerner filed her lawsuit earlier this year, attorneys for the school board initially argued it's not reality to believe young children don't pose any danger to teachers, which led to a backlash in the education community.
They've argued her injuries were workplace injuries.
Zwerner is seeking $40 million dollars after she was shot in her classroom at Richneck Elementary Schoolin January.
Her attorneys say the stipulation means they won't have to interview other teachers about whether they consider getting shot an expected outcome of their jobs.
"There's still a legal issue as to whether it's workers' comp," said Breit. "The fact that you're shot at school we don't believe means that it's workers' comp. There's more to the law than that. The judge will use those facts to make a decision, but we won't have to put on days of evidence anymore."
In a written statement to News 3, Anne Lahren, an attorney for the school board, said the stipulation only applies to the workers' compensation question, not the entire case going forward.
In October, the judge will hear arguments on the workers' compensation issue.
If a judge rules Zwerner's injuries are covered under workers' compensation, it would end her lawsuit, but she would still be eligible for up to 500 weeks of compensation and a lifetime of medical benefits, Lahren said.
If he rules against the school board, the case could advance to trial, currently scheduled for January 2025.
"It is our position that even if the alleged facts are treated as true, the case is still a workplace injury subject to the Virginia Worker's Compensation Act," said Lahren.
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Also in court Wednesday, both sides continued to hash out discovery, the process where documents and information are shared so both sides can build their cases.
Last month, the judge ruled the school board had to hand over information before he rules on the workers' compensation issue.
During Wednesday's hearing, both sides seemed to generally reach agreement on handing over particular information.
"We're doing the best we can to provide them with all the information that we have. It's a lot of information," said Bob Samuel, an attorney for the school board.
Zwerner's attorneys are requesting information on why the school's principal left in the weeks following the shooting.
"If the Newport News School Board is willing to acknowledge that there was an issue with the way that this was handled and that's the reason for somebody leaving their position then that is a critical issue," said Kevin Biniazan, an attorney for Zwerner.
The judge gave the school board 30 days to provide that information.
