Nope...sue the kid’s parents of course but unless you can prove that the school knew the kid had the gun and did nothing about it not *one dime* from the School Dept.
$40 million is a lot, but from what I remember, the school admins did pretty much know the kid might’ve been carrying a gun. As another poster mentioned, being shot is not something routine in the Worker’s Comp. realm.
Normally it is infuriating to hear about someone asking for so much money, but the school was so much at fault here. Hope she gets some kind of a good settlement, because I’m sure she’ll never be able to teach again.
The school is a Gun Free Zone. There is no way this could have happened, Your Honor. /s
EC
The shooters mother is a ghetto crack ho.
Good luck rinsing money out of that rock. As usual, the productive members of society (taxpayers) will have to pay.
Strange world we live in.
Talented, intelligent, educated people are devoting their lives to helping lower iq, trashy people better themselves.
And they are hated for it……😳
The school had already identified the kid as a threat and regularly searched him and his backpack. They didn’t find the gun that day.
They knew & did nothing. I think there were at least 4 warnings to administration that day & the gun was seen by students. She deserves every penny.
I can only talk about this in the context of CA law, and I note from the article that the VA workers comp system is “uncommonly strict.”
Strict workers comp systems exist, for good or ill, to represent the legislative determination that employers having to defend what would be many many lawsuits brought by their employees for negligence would be economically crippling to the state economy. It may seem harsh, and often is, but the constitutionality of WC systems has been repeatedly upheld
Even in CA, if one car clear a very high bar, showing willful misconduct by the employer only gets you a 50% penalty on top of WC damages. Labor Code Sec 4553. That’s it
Of course the teacher can sue the mother but, as is often the case, that’s a dry well.
As with most media coverage of legal issues, this article is lazy and incomplete. If you can show willful misconduct by the employer in VA, does that get you out of WC and into civil court? I infer that’s what the article is saying, but that sounds strange in a system described as “uncommonly strict.”
If she can, where does that $40M number come from? Media never makes clear that the value of lawsuits is a function of the amount of your actual damages. If the kid had missed, case worth maybe $50K. He didn’t miss but the article doesn’t discuss the nature and extent of her injuries. She’s up and around, and medical care is expensive and there’d be wage loss, so let’s say her medical expenses and wage loss were a full half
Mill. Rule of thumb, in a case that settles, that gets you $1.5M. Exceptional pain and suffering here, so double that to $3M. You can’t get punitive damages against the government, so that’s it. On my hypothetical damages, you simply don’t get an 80 multiplier on your actual damages