A Virginia jury has awarded Abigail Zwerner, a first-grade teacher shot by her 6-year-old student at Richneck Elementary School, $10 million in damages after finding that an assistant principal’s negligence allowed the shooting to occur.
The verdict, delivered Thursday by a Newport News Circuit Court jury, concluded that former assistant principal Ebony Parker ignored multiple warnings that the boy had brought a gun to school on Jan. 6, 2023. Jurors deliberated for six hours over two days before siding with Zwerner, who was seriously wounded after being shot in the hand and chest.
Zwerner’s attorneys said the verdict validated what they have maintained since the beginning — that the shooting could have been prevented had school officials acted on repeated warnings. “To hear from a jury of her peers that they agree this tragedy could have been prevented — we’re very happy with the outcome for today,” attorney Diane Toscano said after the verdict. Zwerner stood beside her family but did not address the media.
According to trial testimony, multiple teachers had informed Parker that students were reporting the boy had a gun in his backpack. Despite these reports, no action was taken, and the weapon was never confiscated until after Zwerner was shot.
Zwerner’s attorney Kevin Biniazan told jurors that Parker’s inaction was a clear breach of school policy and duty. “You can’t stick your head in the sand,” Biniazan said. “You cannot come into court and say, ‘I didn’t have the information,’ when it was your job to find it.”
Defense attorney Sandra Douglas argued that Parker had no legal obligation to protect Zwerner. “Dr. Parker did not have a legal duty to protect Miss Zwerner,” Douglas said. “She did not volunteer to protect her.”
In addition to the civil case, Parker faces felony child abuse and neglect charges in a separate criminal proceeding set to begin in late November. The outcome of that trial could affect whether Zwerner receives her full payout. The Virginia Risk Sharing Association (VRSA) — the insurance pool that covers the Newport News School Board — may challenge responsibility for the $10 million judgment if Parker is convicted, arguing her criminal actions would fall outside policy protections.
University of Richmond law professor Jack Preis told NBC News that a guilty verdict could allow insurers to claim Parker “abdicated her role” as a school employee. However, Preis noted that insurers might still choose to pay Zwerner, likening it to a parent compensating for their child’s misdeeds. “Someone might say, ‘I want the victim to have some compensation,’” he said.
Zwerner’s legal team said the decision should serve as a wake-up call about accountability and school safety. “We can’t let these kinds of school shootings — whether individual or mass — continue,” attorney Jeffrey Breit said outside the courthouse. “School safety, teacher safety, children’s safety — that’s the most important thing. This verdict reminds people that you will be held accountable if you don’t make that your first concern.”
Parker and her attorneys declined to comment following the verdict.
