NEWPORT NEWS, Va. -A judge ruled Friday that attorneys for the Newport News School Board have to hand over information to Abby Zwerner's legal team in her $40 million lawsuit against the school system.
Attorneys for the school board wanted a judge to rule whether the case falls under workers' compensation before going through the discovery process.
"This case deals with the court's variability to hear the case at all," said Anne Lahren, an attorney for the school board.
Zwerner's attorneys argued they need information from the school system, like the names of teachers and witnesses, to build their argument against workers' compensation and for the case as a whole.
"We had not been provided the information we needed to identify the individuals that would be relevant for our depositions," said Kevin Biniazan, an attorney for Zwerner.
Zwerner's attorneys say the case hinges on whether it's an expected possibility a teacher could get shot on the job like this.
"We feel that is something that has been outrageous in this case to delay the discovery process," said Diane Toscano, another one of Zwerner's attorneys.
In the end, the judge ruled in favor of Zwerner's attorneys on this issue and scheduled a hearing on the workers' compensation issue for the fall.
The school board's attorneys continue to argue the case can only be covered under workers' compensation.
"We do believe the law clearly will state on the facts here that this was a workplace injury. It is undisputed plaintiff was a teacher, was at work at her school in her classroom shot by a student in her class," said Lahren.
Zwerner resigned from the school district in March, an NNPS spokesperson previously told News 3.
Attorneys will be back in court in August.
A trial may not happen until the end of 2024 or in 2025 due to the judge's schedule.
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Richneck Shooting