Abby Zwerner, a teacher injured in the Richneck Elementary School shooting in Newport News, Virginia, in 2023 had sued former assistant principal, Ebony Parker of negligence, seeking $40 million. The civil trial in the case has now begun before Newport News Circuit Court Jury.
Parker is accused of ignoring warnings that the six-year-old student who shot at the school had brought firearm to school on the day of the shooting, January 6, 2023.
Zwerner was seriously injured in her first-grade classroom after the six-year-old shot at her. The bullet travelled through her hand and into her chest, causing a collapsed lung. No one else was injured in the incident.
Who Is Ebony Parker?
The lawsuit originally named the Newport News School Board and several senior administrators. But a Virginia judge dismissed those parties in August, ruling that Parker could be sued individually because her alleged conduct fell outside the protections afforded to public employees.
Parker has now resigned from her position at the school. She faces. Eight felony counts of child neglect, each tied to one of the eight bullets fired in the classroom
Parker's legal team has denied wrongdoing, arguing that she acted reasonably with the information available to her and that the tragedy could not have been foreseen.
What Abby Zwerner Alleges
{{/usCountry}}Parker's legal team has denied wrongdoing, arguing that she acted reasonably with the information available to her and that the tragedy could not have been foreseen.
What Abby Zwerner Alleges
{{/usCountry}}Abby Zwerner's legal team argues that several teachers and staff members alerted Parker hours before the shooting that the student appeared armed and had threatened others, but no action was taken to search the student's backpack or call police.
The 6-year-old, who brought his mother's handgun from home, shot Zwerner once in the hand and chest as she sat at her desk. Zwerner managed to escort the remaining students out of the classroom despite the injury.
Deja Nicole Taylor, mother of the student, later pleaded guilty to federal firearm charges and was sentenced to 21 months in prison for using marijuana while owning a gun and to two years of felony child neglect.
Zwerner's lawyers say Parker's “deliberate inaction” and disregard for urgent warnings created the circumstances that allowed the shooting to happen.
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The court's ruling set key precedent
Earlier this year, Judge Matthew W. Hoffman ruled that Zwerner's case could proceed in civil court, rejecting the district's claim that her injuries were covered exclusively under Virginia's workers' compensation system.
The ruling stated that the shooting carried out by a first grader did not constitute a “typical workplace hazard,” clearing the way for Zwerner to pursue her negligence claim.
The trial is expected to last several weeks, with testimony from teachers, security personnel, and education experts on how the warnings were handled. Jurors will also hear medical testimony about the long-term effects of Zwerner's injuries and trauma.
The verdict could set a precedent for how U.S schools manage threat reporting and the extent of personal responsibility administrators bear for lapses in student and teacher safety.