A former Virginia elementary school teacher who was shot by a student in 2023 has been awarded $10 million in damages from a jury.
Abigail “Abby” Zwerner, a James Madison University alum, sued former Richneck Elementary School Vice Principal Ebony Parker for $40 million for gross negligence in the civil trial.
Zwerner was shot by a troubled 6-year-old boy in her first-grade classroom; the student had just returned from a suspension after previously slamming Zwerner’s phone.
The bullet went through her hand and lodged in her chest, where it remains today. Zwerner has undergone six surgeries and does not have full use of her left hand, according to court testimony.
Parker allegedly ignored multiple reports that the child had a gun in his backpack on Jan. 6, 2023, at the Newport News elementary school. Attorneys in the case argued that Parker had a duty to protect Zwerner from harm after being told about the gun.
Attorney Kevin Biniazan told jurors in the closing statement that Parker ignored the school’s guidelines that required her to take immediate action on the matter.
“What does that mean? That means you can’t stick your head in the sand,” Biniazan argued.
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Parker did not testify in the lawsuit.
The jury of four women and three men took just six hours to reach the verdict. Closing arguments were delivered on Wednesday.
Attorney: Verdict sends ‘clear message’ to schools
Another member of Zwerner’s legal team, attorney Jeffrey Breit, spoke outside the courthouse after the verdict.
Breit said the jury’s decision sends a clear message to schools in America that safety from weapons “is too important to make it a second thought.”
“It needs to be the most important thing schools do — taking care of the teachers and safety of our students,” said Breit.
The $10 million should be paid to Zwerner by the Virginia Risk Sharing Association on behalf of the Newport News school system.
A criminal trial will be held on Nov. 17 for Parker who is facing eight counts of felony child abuse. If Parker is found guilty, each count is punishable by up to five years in prison.
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Crystal Graham
