Current Events > Being shot by a 6-year old should be an expected part of the job, says school

(+) Yeah! (+)

Lawyers for the school board in Newport News, Virginia, have filed a motion to dismiss the $40 million lawsuit filed by first-grade teacher Abby Zwerner who was shot in her classroom by a 6-year-old student.
The attorneys for the board claim that her injuries are covered under the state's worker's compensation law for which she was approved to receive benefits, but they say she refused to accept them and filed suit instead.
In Zwerner's lawsuit, she alleged that school administrators were told the boy brought a gun to school prior to the shooting and "had a history of random violence," yet did nothing to stop him from harming her.
In response to her lawsuit, the motion filed on Wednesday by the attorneys for the Newport News School division claims the allegations made in the lawsuit fall under Virginia's Workers' Compensation Act.
They argue the act doesn't fall in the jurisdiction of the Newport News Circuit Court.
The lawyers for the board are representing former Newport News School Superintendent Dr. George Parker, III, and former Richneck Elementary Principal Briana Foster Newton. Ebony Parker, the former assistant principal at Richneck who was named in Zwerner's lawsuit, was not included in the school board's motion.
Lawyers for the school board wrote in the motion that Zwerner's complaints about the shooting in her lawsuit, "alleges in detail a long list of workplace conditions that were a direct and proximate cause of the attack on Zwerner."
The motion argues that under the Workers Compensation Act, Zwerner is barred "from maintaining a cause of action against the School Defendants for the injures she sustained in the course of her employment as a first-grade teacher with Newport News School." The court, thus, lacks subject matter jurisdiction over Zwerner's claims arising from the injuries she sustained during the shooting, the motion argues.
It further argues that Zwerner's assertion that the 6-year-old's attack was personal to her is in violation of the state's laws that children under the age of seven are unable to be guilty of negligence. The attorneys for the board add that Zwerner's lawsuit "attempts to circumvent the Act" by alleging that the child's actions on the day of the shooting were "personal" and pointing to the handgun as the problem.
Zwener "goes as far as to claim that she reasonably anticipated that 'she would be working with young [elementary school] children who posed no danger to her.' While in an ideal world, young children would not pose any danger to others, including their teachers, this is sadly not reality," the motion says.
Diane Toscano and Jeffrey Breit, attorneys for Zwerner, told ABC News on Thursday, "No one believes that a first grade teacher should expect that one of the risks of teaching first grade is that you might get shot by a six-year-old."
Zwerner's lawyers added, "The school board's position is contrary to how every citizen in Newport News thinks teachers should be treated, and the law does not support the board's position. Teachers across the district will be alarmed to learn their employer sees this as part of the job description."

https://abcnews.go.com/US/district-dismiss-lawsuit-teacher-shot-6-year-covered/story?id=98921573

These fucking guys are going to lose so hard.

If I taught in that district Id be looking for a new job ASAP

Me: "This has to be an Onion article. No fucking way this is a real headline."

*opens topic*

*puts on clown makeup*

Diane Toscano and Jeffrey Breit, attorneys for Zwerner, told ABC News on Thursday, "No one believes that a first grade teacher should expect that one of the risks of teaching first grade is that you might get shot by a six-year-old."

I feel like that should really go for all teachers but definitely elementary teachers.

What an awful world we live in.

On the one hand, fuck these guys. "Should have reasonably expected to be shot by a 6 year old while on the job" my ass.

On the other hand... shit, I can't even say that statement is incorrect, these days. And that's a fuckin problem.

Hope she bankrupts that school district fucking slimey assholes

CADE_FOSTER posted...

Hope she bankrupts that school district fucking slimey assholes

Agreed.

That school is about to go bankrupt

I live in the next city down the interstate from Newport News, and my wife is a teacher here. This is a clownshow.

https://law.lis.virginia.gov/vacode/title65.2/

In case any lawyers want to try and decipher the legal speak that is the VA Worker's Compensation Act.

I really hope the parents of the kid was charged with something and lost custody of the kid.

Not saying the kid should be locked away but they definitely shouldn't be around other kids given their history of attacking other kids and even adults.

This country is beyond saving.

Mr_Karate_II posted...

I really hope the parents of the kid was charged with something and lost custody of the kid.

Not saying the kid should be locked away but they definitely shouldn't be around other kids given their history of attacking other kids and even adults.

On April 10, 2023, NBC News published the name of the shooter's mother, and said that she had been indicted by a grand jury on charges of felony child neglect and a misdemeanor count of recklessly leaving a loaded firearm so as to endanger a child

Winterking posted...

On April 10, 2023, NBC News published the name of the shooter's mother, and said that she had been indicted by a grand jury on charges of felony child neglect and a misdemeanor count of recklessly leaving a loaded firearm so as to endanger a child

Hopefully she loses custody of the kid, the kid shouldn't go to a relative either.

Hopefully the kid doesn't get worse as they grow up but I have my doubts

Being shot by a 6-year old should be an expected part of the job, says school

https://gamefaqs.gamespot.com/a/user_image/2/2/0/AABA6UAAEbQc.jpg

Lawyer for the plaintiff: So your testimony is that the school staff should expect to be shot at by students and outside agitators?

Defendant: Yes.

Lawyer for the plaintiff: In that case name all procedures you have put in place to safeguard the lives of teachers and students in your school.

Defendant: Fuck.

That username tho

Same to you pal.

https://gamefaqs.gamespot.com/a/user_image/4/8/8/AAA_aCAAEbz4.jpg

America heading to a direction where school teachers and students are obliged to wear bulletproof clothing because guns have more freedoms than the people do.

America you wildin

honestly, in america, the argument isn't entirely incorrect. this is the sorry state you people put yourselves in and its only going to get worse because you don't care enough to do anything about it (or more commonly, want it to be more frequent via supporting gun rights)

https://gamefaqs.gamespot.com/a/user_image/5/9/0/AAGQEzAADY8O.jpg