A Virginia jury began deliberations Wednesday in a $40 million lawsuit filed by former first-grade teacher Abby Zwerner, who was shot by a 6-year-old student in early 2023. The case could set a significant precedent for determining responsibility in school shootings involving young children.
Zwerner is suing Ebony Parker, the former assistant principal at Richneck Elementary School in Newport News, alleging that Parker failed to act after multiple staff members warned she might have a student with a gun on campus.
“A gun changes everything,” said Zwerner’s attorney, Kevin Biniazan, in his closing argument. “You stop and you investigate. You get to the bottom of it to know whether that gun is real and on campus so you can deal with it. But that’s not what happened.”
Parker’s defense team countered that the incident was “unthinkable and unprecedented,” arguing that no reasonable person could have foreseen that a 6-year-old would carry out a shooting.
“You will be able to judge for yourself whether or not this was foreseeable,” defense attorney Daniel Hogan told jurors. “That’s the heart of this case.”
Defense attorney Sandra Douglas said Parker had no legal duty to protect Zwerner personally and noted that other staff members also failed to remove the student or search his backpack after hearing rumors of a weapon. “Your job is to consider only what Dr. Parker knew at the time,” Douglas said.
Zwerner was shot in the hand and chest while teaching on January 6, 2023. She testified that she believed she was dying and has since struggled with post-traumatic stress and permanent damage to her hand despite six surgeries. Her sister described a “profound change” in Zwerner’s personality and confidence since the attack.
Defense attorneys questioned the extent of her physical and emotional injuries, citing her attendance at concerts and her graduation from cosmetology school since the shooting.
An education safety expert for the defense, Dr. Amy Klinger, testified that Parker did not violate professional standards and that school safety is a shared responsibility. “No one is the sole person responsible for school safety,” Klinger said.
The case has drawn national attention for its potential implications. Legal analysts say the civil trial could preview arguments expected in Parker’s upcoming criminal trial, where she faces eight counts of felony child neglect.
University of Virginia law professor Darryl K. Brown said the proceedings could serve as a “dry run” for that case. “Everyone on both sides — the prosecution and the defense — should now have a very clear idea of what the evidence is going to be and what the witnesses are going to say,” Brown said.
Jurors were instructed to decide whether Parker was grossly negligent and whether her actions directly caused Zwerner’s injuries. If they find Zwerner herself was negligent, she could be barred from receiving damages.
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