Trial starts in $40M lawsuit filed by a Virginia teacher who was shot by a 6-year-old student

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.”

Abby Zwerner attends a hearing for a civil lawsuit she filed against the Newport News Public Schools on Oct. 27, 2023, in Newport News, Virginia.
Abby Zwerner attends a hearing for a civil lawsuit she filed against the Newport News Public Schools on Oct. 27, 2023, in Newport News, Virginia.Billy Schuerman/The Virginian-Pilot/Tribune News Service via Getty Images

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.

.

You May Also Like

Hulu revisits serial murder case involving 10,000 human remains in 'Return to Fox Hollow: New Victims, Darker Secrets'

Hulu’s Return to Fox Hollow Reopens Serial Murder Case Tied to 10,000 Human Remains

Hulu is taking a deeper look at the Fox Hollow Farm serial…
ICE asks Michigan to hold Haitian illegal alien who allegedly 'barbarically stabbed' coworker

ICE Seeks Michigan Detainer for Haitian National Accused of Brutal Coworker Stabbing

The Department of Homeland Security said Wednesday that a Haitian national accused…
Over 20 million Americans face relentless storms as worsening flash flood risks target Upper Midwest

20 Million Americans Brace for Severe Storms as Flash Flood Threat Surges Across Upper Midwest

A renewed flash flood risk is expected to linger across the Northern…
Chicago police break up large gathering on 54th Street in Back of the Yards hours after deadly shooting

Chicago Police Disperse Large 54th Street Gathering in Back of the Yards Hours After Fatal Shooting

CHICAGO (WLS) — Chicago police dispersed a large crowd of teenagers in…
West Virginia town's entire police force fired after ex-sergeant claims evidence room was broken into

Entire West Virginia Police Force Dismissed After Former Sergeant Alleges Evidence Room Break-In

A small town in West Virginia is currently without a functioning police…
Officers in Maryland respond to reported assault, discover guns and unusual group of animals

Maryland Police Respond to Assault Report, Find Guns and Unusual Animals

A reported assault in Maryland led deputies to a startling find after…
World Cup quarterfinals feature soccer powerhouses from Argentina and Spain to France and England

World Cup Quarterfinals Set as Argentina, Spain, France and England Lead Powerhouse Field

The World Cup is down to its final eight teams, and the…
Federal prosecutors in Los Angeles announce charges against Indian organized criminal group

Los Angeles Federal Prosecutors Charge Indian Organized Crime Group in New Case

Federal prosecutors in Los Angeles on Tuesday unveiled criminal charges against a…
Tennessee railway conductor Jack Peterson fired over his viral Independence Day message to passengers

Tennessee Railway Conductor Jack Peterson Fired After Viral Independence Day Passenger Message

A conductor on Tennessee’s historic Incline Railway has been fired after a…
NHL news: Chicago Blackhawks hockey forward Connor Bedard to miss start of season after shoulder surgery, with 4-month recovery

Connor Bedard Injury Update: Blackhawks Star Out 4 Months After Shoulder Surgery, Set to Miss NHL Season Start

CHICAGO — Chicago Blackhawks standout center Connor Bedard is likely to be…
Missing 70-year-old fisherman last seen launching canoe near Pinole Shores

Search Underway for Missing 70-Year-Old Fisherman Last Seen Launching Canoe at Pinole Shores

Chilling surveillance footage captured the last known moments of a 70-year-old fisherman…
Judge, mom of friend explains why Nolan Wells was left on Horn Island before he turned up dead

Judge and Friend’s Mother Explain Why Nolan Wells Was Left on Horn Island Before His Death

According to a Jackson County judge whose son was among the group,…