NEWPORT NEWS, Va. — Abby Zwerner, the former Richneck Elementary School teacher who was shot by her 6-year-old student in 2023, has emerged victorious in her civil lawsuit surrounding the shooting.
A jury found Ebony Parker, the school's former assistant principal, grossly negligent in preventing the shooting. Jurors assessed Zwerner's damages at $10 million — less than the $40 million she was seeking when she filed the lawsuit.
Jurors reached the decision on Thursday — the day after both sides delivered their closing arguments.
Watch: Zwerner's legal team says they are happy with the outcome of lawsuit
While leaving the courtroom, Zwerner's legal team said the jury's verdict sends a strong message about school safety.
"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 school safety, teachers safety, children safety is the most important thing," said Jeffrey Breit. "This verdict reminds people that you will be held accountable if you don't make that your first concern."
Zwerner did not speak with media after the verdict, but her attorney Diane Toscano says her client is pleased with the outcome and happy to get closure from sharing her story.
"I remember just three years ago, almost to this day, hearing for the first time Abby's story and thinking that this could have been prevented. So now to hear from a jury of her peers that they agreed 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," she said.
Watch previous coverage: Zwerner says she thought she was dead as she testifies, faces cross examination
News 3 reached out to Newport News Public Schools for comment following the verdict, to which they responded, "Newport News Public Schools is unable to provide any comments regarding the civil trial."
The verdict comes nearly three years after Zwerner was shot by her student in her first-grade classroom on Jan. 6, 2023. The bullet passed through her hand, pierced her chest and caused significant injuries, including a collapsed lung.
About three months later, Zwerner filed a lawsuit, accusing school leaders of ignoring multiple warnings that the boy had a gun and was in a “violent mood.” The suit named three defendants who held leadership positions within the Newport News school district at the time of the shooting, but a judge eventually tossed the claims against all but one: Parker.
Zwerner's team argues warnings were ignored
Last week, Zwerner's team spent three days calling more than a dozen witnesses to the stand, including Richneck Elementary employees who testified about what happened the day of the shooting.
Toscano stated that four teachers had warned Parker about the student having a gun. One of those teachers was Amy Kovac, who testified that she warned Parker three times about the gun. During one of those instances, Kovac told the court Parker dismissed the claim that it could have been a gun because the boy's pockets were too small for a gun. After her warnings prompted no action from Parker, she heard a gunshot.
Watch: Zwerner's mom describes seeing Abby at the hospital after shooting
Zwerner herself also testified about the harrowing moment her student pulled the trigger.
"The moment went by very fast," the now 28-year-old Zwerner testified last Thursday. "The look on the student's face is a large memory that I have. I do remember. It was like a very blank look but it wasn’t a blank look at all on his face.”
Zwerner's mother and sister testified about the lasting emotional impact the shooting has had on her, noting how she's more reclusive and distant — which they say is a stark contrast to her personality before the incident. Medical professionals spoke to her physical injuries, noting how bullet fragments that are too dangerous to remove are still in Zwerner's body and her hand will likely never fully recover.
In closing arguments, Zwerner's legal team shared a shocking detail about the 28-year-old's health: her life expectancy following the shooting is 53 years.
Parker's team argues: Who's responsible?
Parker's defense team called two witnesses to the stand, aiming to prove that discipline is the initial responsibility of the teacher — not an administrator.
Watch: Defense rests after calling witnesses on Day 5 of Richneck shooting trial
"I think the actions of everyone involved indicate that they were doing an analysis, but yet that they did not perceive this to be a plausible, imminent threat — both the behaviors, as well as the actions — because it is a 6-year-old having access to a weapon and bringing it to school. And it is largely unthinkable," said Dr. Klinger, a school safety expert called to the stand by the defense.
Parker's defense attorney Sandra Douglas acknowledged that Zwerner's shooting was a tragedy that should have never happened, but told the jury that their burden is to determine "gross negligence," which has a high bar to prove. She further argued that it is her duty as an officer of the court to pursue the truth — and that truth, she said, is there is a "different side to that story." That different side, Douglas argued, is that Zwerner has not suffered as much as she has portrayed.
Parker did not take the stand.
What happens now?
Deja Taylor, the boy's mother, pleaded guilty to state criminal charges for allowing her son to get a hold of the gun and federal charges for lying on the form to buy her gun. She's serving out her two sentences, nearly four years combined.
Although the civil trial has reached a verdict, Parker's legal woes aren't over. She is also facing criminal charges of felony child neglect — eight, to be exact, one for each bullet in the gun. The jury trial for that case starts on Nov. 17.
Newport News Schools' insurance authority is liable to pay out the money awarded to Zwerner.
