I have heard all kinds of weird theories presented by lawyers but this one takes the cake. Abigail Zwerner is the Virginia teacher who was shot by one of her 6-year-old students back in January.
She is suing the school district for not heeding warnings about the student from the previous year and again on the day of the shooting.
School officials were told that the student had a gun, but they chose not to call the police, but rather to wait for the boy’s mother to come to the school.
While the school officials sat on their hind ends waiting for the boy’s mother, he shot Zwerner. She is suing the district for $40 million dollars for their neglect.
Maybe I’m strange, but it seems to me that once the school was warned that the boy had a gun, they were then obligated to call the police before he had a chance to use it.
But, the school’s lawyers see it differently. They are of the opinion that first-grade teachers know they are at risk of being shot, even when the shooter is a six-year-old and they are arguing she is only entitled to workman’s compensation.
That would mean the teacher would only get her medical bills paid for and only a portion of her salary also paid for by workman’s comp.
You could almost buy that excuse had the school not been warned multiple times on the day of the shooting or if they could produce a clause in their teaching contract that says teachers take on the risk of being shot by a first-grade student. Absent that, the school needs to take responsibility for its lack of action.
Today, the school district has filed a response to the lawsuit asking a judge to dismiss it on the grounds that Zwerner should accept workers compensation for her injuries.
The motion from the school district, which notes that Zwerner has so far refused to accept payment under Virginia’s Workers’ Compensation Act, argues that the Newport News Circuit Court doesn’t have jurisdiction over the case because being shot by a first-grader is, essentially, a risk that all teachers take.
“One cannot assess the state today of education-based employment in the United States without paying attention to the problem of violence in its classroom,” the motion says, calling this an “unfortunate reality.” Although teachers today see themselves as “the first line of defense” when students attack each other, the motion says, “teachers themselves are common targets of violent behavior by students.”…
“Plaintiff was clearly injured while at work, at her place of employment, by a student in the classroom where she was a teacher, and during the school day,” the school board argues. “Teaching and supervising students in her first grade class was a core function of Plaintiff’s employment. Thus, Plaintiff’s injuries arose out of and in the course of her employment and fall under Virginia’s Workers’ Compensation Act[.]”…
“Plaintiff was well-aware of John Doe’s history and behavioral challenges through her role as a teacher at Richneck Elementary School and a member of John Doe’s SST,” the motion says. “Educating John Doe through his behavioral evaluation and educational journey was squarely within Plaintiff’s job description. Thus, when John Doe acted out and injured Plaintiff during class on January 6, 2023, the resulting injuries fall under Workers’ Compensation.”
Ignorance makes my head explode. How about you?
Comments 28
That is quite a liberal interpretation of her contract. Literally they are telling her to take a bullet and
STH up.
Yup. We’re living in the Twilight Zone.
Soon, no one will want to be a teacher, or a cop, or a soldier. This world is swirling down the toilet where everything evil is considered good and everything good is considered evil.
We can all kiss our azz goodbye.
Bet you President of the American Federation of Teachers Randi Weingarten who Earns More Than $560,000 Per Year, 9 Times the Median Salary for Teachers will not take a bullet for ANYONE. Wait until they have to hire MS-13 to teach, schools will empty faster than a speeding bullet! NOT KIDDING
Take it to civil court before a jury…that will be the school boards’ worst nightmare.
100% agree
The parents, or whoever allowed that little monster to get a gun, should also be sued and go to jail.
I wholeheartedly agree!!!
Of course, they should. Gun owners are criminally responsible for safe storage of their arms, especially preventing kids from having unsupervised access to them.
It will be interesting to watch a liberal institution eat itself.
Oh, I’m sure the mother of this effin demon wil have $$ to pay the damages. ROFLMAO. Or insurance.
If being confronted by an armed student is part of the job risk, then there is zero case for not allowing the teachers to be armed as well.
What an asinine statement to make. Whoever made that statement from the school district should be fired. That’s like saying, if someone shoots up the school, that’s a risk teachers and students are going to have to take. Same analogy.
That ain’t how it works. Welcome to the LEGAL world where attorney’s argue what the law is. The lawyer is merely doing his job, zealously representing his client . . .which, btw, is actually the poor taxPAYERS of a school district which has the pleasure and honor of having animals like this kid masquerading as ‘students.’
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Are you the one that groomed the 6 YO on gun safety?
GET FOSTERHENRICK’S SPAM OUTTA HERE!
The school officials accepted responsibility when they did not call the police immediately upon being told the boy had a gun. Calling his mother was not a reasonable decision.
He could have started shooting the other kids!
What a LOAD of WOKE SCHIFF! Don’t back down! Make em PAY!
No doubt these lawyers have the same intelligence as China Joe.
Only in Biden’s America! Teachers in any grade should not expect to get shot by a student, much less so by a 6 year old student. This is incomprehensible!
Effing idiots!
How do morons who have opinions like this (“teachers should know they are at risk of being shot by six-year-old children”), ever end up as school officials? This country’s educational system has gone down the toilet.
This is another example of what the enabling, dumb down, victim-hood and lack of God throughout society has done to normal civility and respect to all age groups but in this case we know that what we see as young monsters are a byproduct of a degenerate very sick society. This my friends is the destruction of a nation and civilization as we once knew it! Keep praying with genuine faith because its only going to get much worse before it if ever, will turn around! Can you imagine how low these type of students would test on Sat’s or any other educational intelligence performance exams; then as they are of legal age what kind of children they will rear! Total lack of respect and conscience!
looks as though this school board just opened the doors for minor, junior assassins to deliver that message.
There is no low that attorneys will stoop to to try to convince a judge that their client is not responsible for any matter no matter how unreasonable they may sound. The only issue here is that when they get out of hand, like the moron above, there is no penalty for them. If morons like this were required to loose their license for this type of idiotic pleadings, soon the courts would clear their backlogs and cases would be solved. In other words, truthful statements would be required and mandatory, by all lawyers. I had a plantiff lie 30 times in a hearing and I had hard proof of his lies but the judge refused to hold him in contempt or call him a perjurer even after I asked the court to do so, so the judges are part of the problem also.
The way things are going, the only solution is to eliminate these bad actors lawyers, judges, crooked democraps by burying them deeply.
You just can’t make this STUPIDITY up.