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
Live explosive device found near Homeland Security office in Cleveland, forcing mass evacuations

Live explosive device discovered near Homeland Security office in Cleveland, prompting mass evacuations

Authorities evacuated a Homeland Security office near Cleveland on Monday after a…
California Gov. Gavin Newsom says Justice Department is investigating him and his wife

Newsom Says Justice Department Is Investigating Him and California First Partner Jennifer Siebel Newsom

Washington — California Gov. Gavin Newsom said Monday that he and his…
Missouri skydiving plane crash that killed all 12 aboard is a 'devastating loss,' company says

Missouri Skydiving Plane Crash Kills 12; Company Calls It a “Devastating Loss”

Skydive Kansas City, the company linked to the Missouri plane crash that…
'Hell on Wheels' killer Mackenzie Shirilla's mom whines about daughter struggling 'mentally' in prison

Mackenzie Shirilla’s Mom Says ‘Hell on Wheels’ Killer Is Struggling Mentally Behind Bars

Natalie Shirilla says her daughter, convicted murderer Mackenzie Shirilla, is having a…
American doctor who recovered from Ebola arrives back in U.S., says he's "feeling well"

Doctor Recovering From Ebola Returns to U.S., Says He Is “Feeling Well”

An American physician who became infected with Ebola during a humanitarian assignment…
California woman, 30, vanishes on Costa Rica hike during flash flooding and mudslides

California Woman, 30, Missing After Costa Rica Hike Amid Flash Flooding and Mudslides

A California woman remains missing in Costa Rica after severe weather triggered…
Again? Senator Mitch McConnell Back in Hospital With Mystery Ailment

Mitch McConnell Hospitalized Again as Unspecified Health Issue Sparks Renewed Concern

Sen. Mitch McConnell (R-Ky.) was taken to the hospital Sunday after experiencing…
Alderman Sigcho-Lopez believes explosion outside of his Pilsen, Chicago home was 'an act of political violence'

Chicago Alderman Sigcho-Lopez Calls Pilsen Home Explosion “Political Violence” in Shocking Chicago Incident

Chicago Ald. Byron Sigcho-Lopez says the explosion outside his Pilsen home over…
Gavin Newsom’s wife fires back at Trump over DOJ investigation

Jennifer Siebel Newsom Slams Trump as DOJ Probe Ignites New California Political Firestorm

Jennifer Siebel Newsom is forcefully pushing back against a reported Department of…
America's wounded, struggling veterans get brand-new homes built by Florida teens

Florida Teens Build New Homes for Wounded Veterans in Need

Young people in Florida are stepping up to support those who have…
There's an actual farmhouse in Manhattan. It's a portal to the 1700s.

Manhattan’s Hidden 1700s Farmhouse Offers a Rare Glimpse Into New York’s Colonial Past

INWOOD, Manhattan — Nestled among apartment houses, corner stores, and the bustle…
Young woman who fell to her death in dramatic rope jump tragedy is buried in Brazil

Brazil buries young woman killed in fatal rope-jump accident

SAO PAULO, Brazil — A 21-year-old woman who died after two rope-jumping…