In a gripping courtroom development, the trial has commenced for a $40 million lawsuit filed by a teacher who was grievously injured in a shooting at a Virginia elementary school. Abby Zwerner, the plaintiff and a first-grade teacher at Richneck Elementary School in Newport News, was left with lifelong physical repercussions after a 6-year-old student opened fire in her classroom. The incident, which took place in January 2023, left Zwerner with significant injuries, including a bullet lodged in her chest, and necessitated six surgeries during her nearly two-week hospital stay.

Central to the lawsuit’s allegations is the assertion that the former assistant principal, Ebony Parker, neglected crucial warnings. The accusations claim that Parker overlooked four separate alerts from individuals who expressed concern that the young student might have been carrying a gun on campus that day. Zwerner’s legal representative, Diane Toscano, underscored in her opening remarks that Parker’s actions—or lack thereof—constituted a series of “bad decisions and choices.”

Toscano further argued that Parker, despite having the authority, failed to implement necessary safety measures such as searching the student, removing him from the classroom, or contacting law enforcement, actions that could have potentially averted the tragedy.

The gravity of the shooting, which occurred shortly after the student’s return from a suspension for previous misconduct involving Zwerner, reverberated through the Newport News community and beyond. The incident has sparked a nationwide dialogue on how a child so young could gain access to a firearm and commit such a violent act.

Parker had the authority but failed to search the student, remove him from the classroom and call law enforcement, Toscano added.

The shooting occurred on the first day after the student had returned from a suspension for slamming Zwerner’s phone two days earlier, Toscano said. It sent shock waves through the military shipbuilding community and the country, with many wondering how a child so young could get access to a gun and shoot his teacher.

“No one could have imagined that a 6-year old, first-grade student would bring a firearm into a school,” Parker’s attorney, Daniel Hogan, told jurors. “You will be able to judge for yourself whether or not this was foreseeable. That’s the heart of this case.”

Hogan said that decision making in a public school setting is “cooperative” and “collaborative.” He also warned of hindsight bias and “Monday morning quarterbacking.”

“The law knows that it is fundamentally unfair to judge another person’s decisions based on stuff that came up after the fact,” Hogan said. “The law requires you to examine people’s decisions at the time they make them.”

Parker is the only defendant in the lawsuit. A judge previously dismissed the district’s superintendent and the school principal.

Parker faces a separate criminal trial next month on eight counts of felony child neglect – one for “each of the eight bullets that endangered all the students” in Zwerner’s classroom, prosecutors said.

Criminal charges against school officials following a school shooting are quite rare, experts say. Each of the counts is punishable by up to five years in prison upon a conviction.

The student’s mother was sentenced to a total of nearly four years in prison for felony child neglect and federal weapons charges.