Teacher can sue school district system for injuries suffered when a 6 year old, first grade, student shot her

In an important, and somewhat surprising, decision, a state judge has ruled that a teacher who was shot by a 6-year-old student in Virginia can proceed with a $40 million lawsuit against a school system over claims of negligence by school administrators.  

The issue in the case was whether the claim should be considered to be a claim for a work related injury. If so, the claim could only be brought as a workers’ compensation claim which would have provided much lower compensation for the plaintiff.

Given the ruling, the plaintiff can proceed with the torts claim she filed in court, which asked for $40 million in damages. 

The judge based its decision on the conclusion that the plaintiff's injuries “did not arise out of her employment” and therefore did not “fall within the exclusive provisions of workers’ compensation coverage.”  The judge also concluded that “[t]he danger of being shot by a student is not one that is peculiar or unique to the job of a first-grade teacher.”

You can read more about the story Courthouse Network News, NPR and The Hill.

As the case moves forward now, I expect it will raise issues related to intervening causes, proximate cause, and governmental immunity.  Stay tuned!

Passengers sue Alaska Airlines for emotional distress caused by off duty pilot's attempt to shut down an airplane's engines

Three passengers who claimed to have suffered emotional distress as a result of a recent incident in an Alaska Airlines flight have filed a complaint against the airline, and have asked for the case to be recognized as a class action.  The claim is based on the incident in which an Alaska Airlines flight that was nearly downed due to an alleged attempt by an off-duty pilot to shut down the engines last month have filed a class-action suit against the airline.  The lawsuit alleges that the airline did not properly follow its policy by allowing the off duty pilot to fly in the cockpit’s jump seat, despite him admitting that he was not right of mind.  

For the story on the original incident, go here.  For more on the recently filed complaint, go here.

I do not understand why this claim would be considered to be a class action, but we'll have to wait and see what happens to that request.