A Newport News, Virginia, circuit court judge ruled Friday that a teacher shot by her 6-year-old student can move forward with a $40 million negligence lawsuit against Newport News Public Schools, The Hill reported Friday.
"We are eager to continue our pursuit of accountability and a just, fair recovery," Abigail Zwerner's attorneys said in a statement. "No teacher expects to stare down the barrel of a gun held by a 6-year-old student."
Zwerner is suing the district for negligence and to compensate for the serious injuries she suffered from the January shooting, the report said.
The school district said she should be entitled only to workers' compensation benefits, which could provide up to 10 years of pay and lifetime medical care for the injuries.
Judge Matthew Hoffman, however, disagreed with the district, finding that the injuries "did not arise out of her employment" and did not "fall within the exclusive provisions of workers' compensation coverage," which would make her ineligible for benefits, the report said.
"The danger of being shot by a student is not one that is peculiar or unique to the job of a first-grade teacher," The Hill reported Hoffman saying in the ruling.
According to the report, the student brought his mother's gun to Richneck Elementary School and shot the teacher as she sat at a reading table.
Zwerner was able to get the other students into the hallway before collapsing in the school's office.
According to the report, she spent two weeks in the hospital undergoing multiple surgeries and recovering from a bullet striking her hand and chest.
She claims that the district ignored "multiple warnings" that the student had a gun with him that day, as well as ongoing behavioral problems.
The report said the district is arguing that students attacking teachers is now "fairly common" and happening more often.
"The actual risk of employment in this scenario is that of a teacher being injured at the hands of a student which, unfortunately, is a fairly common occurrence and one that is only increasing in frequency this day and age," school board attorney Anne Lehran said in a statement.
The school district said it will appeal the judge's decision.
Although police said the shooting appears to have been "intentional," the student is not facing any charges.
Charles Kim ✉
Charles Kim, a Newsmax general assignment writer, is an award-winning journalist with more than 30 years in reporting on news and politics.
© 2026 Newsmax. All rights reserved.