Virginia School Teacher Shot by 6-Year-Old Awarded $10 Million in Negligence Lawsuit
A Virginia jury has awarded $10 million to former first-grade teacher Abigail Zwerner, who was shot by a six-year-old student in her classroom at Richneck Elementary School in Newport News. The verdict concludes a closely watched civil negligence case against former assistant principal Ebony Parker, whom Zwerner accused of failing to act on multiple warnings that the child might have brought a gun to school.
The jury reached its decision after more than five hours of deliberation, finding Parker liable for negligence that directly contributed to the shooting in January 2023. Attorneys for Zwerner said the award reflects the jury’s recognition that school officials have a duty to respond when student safety is at risk. “Safety has to be the first concern at schools,” attorney Diane Toscano said outside the courthouse after the verdict was read.
Zwerner’s lawsuit centered on claims that Parker was informed several times that morning that the six-year-old student could have a firearm, but took no immediate action to investigate. During the incident, the child pulled a handgun from his backpack and fired, striking Zwerner in the hand and chest. The bullet collapsed one of her lungs, and she was hospitalized for weeks. Testifying during the trial, Zwerner said she still suffers pain, emotional distress, and limited mobility in her hand.
Parker’s defense argued that the shooting was unforeseeable and that she had not breached professional standards or acted with disregard for safety. An expert in school administration testified that school safety is a collective responsibility, not one that rests on a single official. Parker’s attorney, Sandra Douglas, told jurors the event was a tragedy that no one could have anticipated, calling it “unthinkable and unforeseeable.”
Under Virginia law, a negligence claim requires proof that the defendant owed a duty of care, breached that duty, and caused harm as a result. Zwerner’s attorneys argued Parker’s position as assistant principal gave her a clear duty to act once credible warnings were received. The court instructed jurors on the concept of gross negligence, which describes behavior that goes beyond ordinary carelessness and shows a total disregard for the safety of others. By finding in favor of Zwerner, the jury concluded that Parker’s failure to investigate credible safety warnings met that standard.
In Zwerner’s case, the verdict highlights how civil courts determine whether harm was reasonably foreseeable. When assessing negligence, juries must decide whether a reasonable person in the same position could have anticipated the danger. Here, jurors determined that multiple staff warnings made the risk clear enough to require action, even though the assailant was a young child. The decision reinforces that the duty of care owed by educators includes responding to imminent safety concerns, not only enforcing standard procedures.
The civil proceedings also offered a preview of the criminal case Parker now faces. She is charged with eight felony counts of child neglect and is scheduled to appear in court next month. Legal analysts say the evidence and testimony presented in the civil trial, including witness accounts and internal school communications, could reappear in the criminal matter.
Zwerner’s attorneys said the verdict sends a message about accountability in school safety. Parker’s counsel is expected to file post-trial motions before the court enters a final judgment, after which she may appeal.
