Jury Awards $10 Million to Virginia Teacher Shot by 6-Year-Old Student

A jury in Newport News, Virginia, has awarded $10 million to a teacher who was shot by a 6-year-old student.

Abby Zwerner, who was shot in January 2023 in her first-grade classroom, originally asked for $40 million against a former assistant principal, Ebony Parker.

In her lawsuit, Zwerner accused Parker of failing to investigate or act after being told by school staff members that the child had a gun in his backpack. Zwerner’s lawyers argued that after she was told about the gun, Parker had a duty to protect her and others from harm.

“Who would think a 6-year-old would bring a gun to school and shoot their teacher? It’s Dr. Parker’s job to believe that that is possible. It’s her job to investigate it and get to the very bottom of it,” Diane Toscano, Zwerner’s attorney, told the jury.

The jury agreed.

Zwerner originally also sued the school district’s superintendent and principal, but a judge dismissed the claims against them, leaving Parker as the only defendant.

Parker did not testify during trial. She also faces criminal charges of felony child neglect.

The jury learned that the bullet just missed Zwerner’s heart and is still lodged in her chest. She has undergone multiple surgeries and has only limited use of her left hand.

The Newport News School Board originally argued that Zwerner should not be allowed to sue for what it said were workplace injuries. The school board maintained that Zwerner’s $40 million lawsuit was barred by the state’s workers’ compensation law that is the exclusive remedy for workplace injuries.

However, a circuit court and then the Virginia Court of Appeals cleared the way to a trial for Zwerner’s negligence suit. Zwerner successfully argued that being shot by a student should not be considered an expected condition for the job of a teacher and thus her injuries do not fall under the state’s workers’ compensation system.

The courts agreed.

Topics Virginia