Virginia teacher shot by 6-year-old wins $10M in negligence lawsuit

NEWPORT NEWS, VIRGINIA: A Virginia jury has awarded $10 million in damages to Abigail Zwerner, a first-grade teacher who was shot by her six-year-old student in January 2023.

It concluded on Thursday, November 6, that a school administrator acted with gross negligence in failing to prevent the attack.

Zwerner sued Ebony Parker, the former assistant principal at Richneck Elementary School, alleging that she had ignored multiple warnings that the child had brought a gun to school that day.

The jury found Parker liable for negligence in a verdict that could have far-reaching implications for school safety and accountability.

Abigail Zwerner says warnings about the weapon were ignored

According to court testimony, several first-grade students reportedly told school staff that the boy had a gun in his backpack.

Despite these reports, Parker allegedly did not act swiftly to search the child or remove him from class.

“The road signs were screaming at her, flashing at her, telling her what was going to happen if she did not act,” said Kevin Biniazan, one of Zwerner’s attorneys. “She blew past the signs.”

Moments later, the boy pulled a 9mm handgun from his hoodie pocket during a reading lesson and fired a single shot at Zwerner, striking her in the hand and chest.

Despite her injuries, Zwerner managed to evacuate her students to safety before collapsing.

The bullet reportedly remains lodged in her chest, and she has undergone five surgeries on her hand since the shooting.

Defense says 'it was unforeseeable'

Parker’s attorneys argued that the shooting could not have been foreseen and that other staff members also shared responsibility.

“It was unforeseeable,” said Sandra Douglas, Parker’s attorney. “It was unthinkable. And it was unprecedented.”

Zwerner’s legal team had sought $40 million in damages, accusing Parker of “reckless disregard” for their client’s safety.

The jury ultimately awarded a quarter of that amount, but Zwerner’s attorneys hailed the verdict as vindication.

“I remember just three years ago, almost to this day, hearing Abby’s story and thinking this could have been prevented,” said Diane Toscano, one of Zwerner’s lawyers.

“Now to hear from a jury of her peers that they agree, that this tragedy could have been prevented, means everything,” she added.

Criminal charges and broader implications

Parker faces a criminal trial next month on charges of child abuse and neglect. Her attorneys claimed that she is covered by an insurance policy for the Newport News school board, though that will be subject to post-trial motions.

The shooter’s mother, Deja Taylor, was sentenced to 21 months in federal prison last year after pleading guilty to gun-related charges. This reportedly included possession of a firearm while using a controlled substance and lying on a gun purchase form.

Investigators said that the boy accessed his mother’s handgun by climbing onto a drawer to reach her purse on a dresser. Although Taylor claimed the firearm was secured with a trigger lock, investigators alleged that no lock was ever found.