NEWPORT NEWS, Va. — A judge ruled Wednesday afternoon an appeals court can take on the issue of whether Abby Zwerner's injuries should be covered by workers compensation.
Zwerner was shot by her 6-year old student inside Richneck Elementary School last year.
Since then, she has filed at $40 million lawsuit saying school leaders were negligent.
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Timeline of Richneck Shooting
Attorneys for the School Board have argued her injuries should be covered by workers compensation, which would end her lawsuit.
Last fall, a judge ruled the case did not fall under workers compensation, allowing it to progress to a trial, which is currently set for January 2025.
Rather than wait for the trial, attorneys for the School Board want to appeal that ruling.
"It makes sense to settle the question of law of jurisdiction before taking up two weeks of this court's docket, all the expense of a trial, and, in fact, we will will reach a faster conclusion this way," said Anne Lahren, an attorney for the School Board, during the hearing.
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NN teacher shot by 6-year-old can proceed with $40 million lawsuit, judge rules
The judge ruled in favor of the School Board in what's called certifying an interlocutory appeal, saying it met the four criteria under the law.
A three-judge panel appeals court will now decide whether to take up the case.
"This is not a workers comp case," said Jeffrey Breit, an attorney for Zwerner. "No one expects a first grader to shoot their teacher. It's not in the job description."
Both sides say it's likely this issue and case will be challenged all the way up to the Supreme Court.
Richneck Shooting
FULL INTERVIEW: Abby Zwerner opens up 1 year after Richneck student shot her
Separately, the Newport News School Board filed a workers compensation claim for Zwerner.
An attorney for the School Boar said that was to ensure she didn't miss the deadline to get the benefits, but Zwerner's attorneys say it's another effort to end her lawsuit.
"They've made it clear they will never give Abby a penny until the Supreme Court rules," said Breit. "We'll be waiting there at that time to pick up our check when the court does rule."
For now, both sides are waiting to see if the appeals court will hear the case.
Following the ruling Wednesday, attorneys for the School Board asked the judge to put a pause on the discovery process of gathering evidence.
The judge said he would rule on that at a later date.
