A Virginia jury has awarded $10 million to former first-grade teacher Abigail Zwerner, ruling that a former assistant principal’s negligence allowed a 6-year-old student to bring a gun to school and shoot her. The verdict concluded a two-day deliberation over the 2023 incident at Richneck Elementary School in Newport News.
Zwerner, who was shot in the hand and chest on January 6, 2023, filed a lawsuit claiming assistant principal Ebony Parker ignored repeated warnings that the boy had a gun. The jury of three men and four women sided with Zwerner, agreeing that the shooting was preventable.
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After the verdict, Zwerner stood silently beside her family as her attorneys addressed reporters outside the courthouse. “I remember just three years ago, almost to this date, hearing for the first time Abby’s story, and thinking that this could have been prevented,” attorney Diane Toscano said. “So now to hear from a jury of her peers that they agree that this tragedy could have been prevented… we’re very happy with the outcome for today, and we’re happy that Abby’s story got to be told.”
Testimony during the trial revealed that at least two teachers warned Parker that students had seen the boy with a gun in his backpack. Despite those reports, no action was taken until the gun was fired inside the classroom. Zwerner’s attorney, Kevin Biniazan, told jurors that school policy required Parker to act immediately once a threat was reported. “What does that mean? That means you can’t stick your head in the sand,” he said.
“You cannot stick your head in the sand and then come into court and say ‘I didn’t have the information’ when it was your job to find it.”
Parker’s attorney, Sandra Douglas, argued that her client’s inaction did not amount to gross negligence. “Dr. Parker did not have a legal duty to protect Miss Zwerner,” Douglas told jurors. “She did not volunteer to protect Miss Zwerner.”
Parker also faces separate criminal charges of felony child abuse and neglect, with that case expected to begin in late November. If convicted, it could complicate the payout of the civil verdict. The Virginia Risk Sharing Association, an insurance pool that covers public bodies including the Newport News School Board, would typically be responsible for payment. However, a criminal conviction might allow insurers to deny coverage.
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University of Richmond law professor Jack Preis said insurers might still choose to compensate Zwerner despite the legal loophole. “Someone might say, ‘I want the plaintiff, the victim, to have some compensation,’” Preis explained.
Zwerner’s legal team said the verdict highlights the importance of school safety and accountability. “We can’t let these kinds of school shootings, whether it’s an individual case like this or the mass shootings that have destroyed America, continue,” attorney Jeffrey Breit said. “School safety, teacher safety, and children’s safety are the most important things. This verdict reminds people that you will be held accountable if you don’t make that your first concern.”