Attorneys argue 1st-grade teacher shot in school is ‘workplace injury’

NEWPORT NEWS — The Newport News Education Association President condemned the premise of the school division’s motion to dismiss Abigail Zwerner’s pending $40 million lawsuit.

The motion was filed last week by attorneys representing the School Board and argues that Zwerner, who was shot in her classroom at Richneck Elementary in January by a 6-year-old student, is only entitled to file a worker’s compensation claim because the injury she sustained from the shooting is a “workplace injury,” and that the shooting was a hazard of the job.

James Graves, the president of the Newport News teachers union, says that argument is “ridiculous.”

“This is not military, this is not the police department. This is an education system,” Graves said in an interview Wednesday.
In a Facebook statement posted Tuesday, Graves said, “These lawyers have started a significant hurricane in our district by saying that being shot is part of what teachers signed up for.”

Such statements, he said, are “a slap in our faces.”

Graves said all school staff who work with students, including security officers and custodial workers, have expressed concern about the motion.

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