A judge in Virginia has ruled that a teacher who was shot by her 6-year-old student in class can press forward with a $40 million lawsuit.

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      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.

      Zwerner’s attorneys countered that workers’ compensation doesn’t apply because a first-grade teacher would never anticipate getting shot: “It was not an actual risk of her job.”

      This is the good bit though:

      “The actual risk of employment in this scenario is that of a teacher being injured at the hands of a student which, unfortunately, is a fairly common occurrence and one that is only increasing in frequency this day and age,” school board attorney Anne Lahren said in a statement.