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!
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