 A teacher who was shot by her six-year-old student in Virginia can press forward with her $40 million against a school system over claims of negligence by school administrators, a judge ruled Friday. The surprise decision by Newport News Circuit Court Judge Matthew Hoffman means that Abbey Zwerner could get much more than just workers' compensation for the serious injuries caused by January's classroom shooting. Lawyers for Newport News public schools had tried to block the lawsuit, arguing that Zwerner was eligible only for workers' compensation. It provides up to nearly 10 years' pay and lifetime medical care for injuries. Hoffman disagreed with the school board, concluding that Zwerner's injuries did not arise out of her employment and therefore did not fall within the exclusive provisions of workers' compensation coverage. The judge wrote, the danger of being shot by a student is not one that is peculiar or unique to the job of a first-grade teacher. Zwerner was hospitalized for nearly two weeks and endured multiple surgeries after a bullet struck her hand and chest. Zwerner alleges that administrators ignored multiple warnings the boy had a gun that day and had routinely dismissed ongoing concerns about his troubling behavior. "'This victory is an important stepping stone on our path towards justice for Abbey,' Zwerner's attorneys, Diane Toscano, Jeffrey Bright and Kevin Binneasen, said in a statement. A tentative trial date for Zwerner's lawsuit is scheduled for January 2025.