Posted on 01/31/2026 5:55:31 AM PST by TheDon
NEWPORT NEWS, Va. (WAVY) — Following a November jury verdict that awarded former elementary school teacher Abigail Zwerner $10 million, a judge denied motions Friday seeking to overturn it.
Zwerner was shot in her first-grade classroom in January 2023 by a 6-year-old student.
Former assistant principal Ebony Parker was working the day Zwerner was shot. The bullet passed through Zwerner’s hand and struck her near her left shoulder. The jury found that Parker was negligent, and that led to the shooting incident.
Parker‘s attorney argued that a teacher getting shot is not an extraordinary part of the job.
“The job of a first-grade teacher does carry the risk of being attacked by a young student,” said attorney Matthew Fitzgerald.
Zwerner’s attorney said trying to get a judge to get rid of a verdict and declare a new trial was never going to happen.
“Getting the judge to admit that you were wrong in all your rulings, and the jury was out of their minds to reach this verdict,” Jeffrey Breit said, “that’s a really hard burden, and I expected the judge to do what he did today.”
Zwerner said in an earlier court proceeding that the trauma of being shot by one of her own students forced her to give up her dream to be a teacher.
“There are emotional issues that linger, there are obviously physical injuries that are going to last with her for the rest of her life,” Breit said. “I think having this judgment entered today [will give her the feeling of] ‘I’m on the road to healing.’”
Zwerner’s attorneys issued a statement Friday afternoon:
“A jury of Abby Zwerner’s peers returned a verdict in her favor, and today the court entered judgment. The City of Newport News must now do the right thing and take care of Abby. Its continued delays and denials have only compounded her injuries and ignored the clear call for accountability from teachers and citizens.” — Attorneys Diane Toscano, Kevin Biniazan, and Jeffrey Breit
Parker has a pending criminal case. She faces eight felony charges of child abuse. That case is set for trial in May.
Why lawyers are hated:
Parker‘s attorney argued that a teacher getting shot is not an extraordinary part of the job.
“The job of a first-grade teacher does carry the risk of being attacked by a young student,” said attorney Matthew Fitzgerald.
Looks like the assistant principal is being held accountable.
"Parker has a pending criminal case. She faces eight felony charges of child abuse. That case is set for trial in May."
Public schools have to put up with red flags. Not surprising.
Where does the monet come from? The defendant is a principal who I assume is not making a high salary.
Never mind, the first part of story said Parkers attorney but later mentioned city paying.
Retired public school teacher here. These days, nothing is more important to most school administrators than public relations. Can’t have any negative stories make it to the evening news!
And also can’t have suspension rates rise. That looks bad, too.
Fun fact: Administrators often get bonuses for keeping suspensions down.
💰
So they will ignore and cover up.
Staff and student safety… those are low priority items.
“Never mind, the first part of story said Parkers attorney but later mentioned city paying.”
Yep, teachers employers, the local government, are on the hook for the amount. Ultimately the taxpayers.
Virginia is one of a few states, including Texas, Maine, and New Hampshire, with sovereign immunity. She couldn’t sue the city. I think the city paid for insurance for the principal. Not sure if the teacher and her lawyer get the whole $10 million.
Many professionals, including education administrators, carry personal liability insurance.
My daughter teaches in VA, this incident contibuted to causing her to change to a safer school even though her heart and skills were able to work with tougher kids.
Litigiousness has turned this whole country into a pack of whining sissy drama queens.
Yeah but 10 million?
“The job of a first-grade teacher does carry the risk of being attacked by a young student,”
“”by a 6-year-old student.””
I understand the article is about a jury award but what’s the story on the 6 year old student with a gun in a classroom?
It’s normal for Admins to ignore bad behavior by students as they are penalized for stepping in. This is even worse in an urban area.
Locally, someone posted a video on Instagram of a special ed student being assaulted at the HS and the school only tried to punish the person who posted the video.
I prefer to believe that money grubbing lawyers hunt up clients that can win settlements of which the lawyer gets 50%
“Parker‘s attorney argued that a teacher getting shot is not an extraordinary part of the job.”
When school management accepts that teachers being asaulted and shot is the norm, it pretty well admits they were ot doing anything to stop such occurences. If the case was ever winnable for the county, the attorney blew it with that statement.
If I were on the jury that argument would have been worth about $9M of the $10M damages award. What is this attorney arguing - that the teacher should have engaged in open carry with a round chambered and no safety so she can instantly dispatch armed students threatening her - as an ordinary part of her job?
And I would also allot $9M of the $10M in damages to the attorneys malpractice making an argument so frivolous that it angered the jury.
I see what....
Good move by your daughter. Even in the worst schools, most of the kids are okay. And they need good teachers, too.
But teaching in such a school will eventually grind you down. And I should know. I taught for a few years in one such school. But then I was lucky enough to transfer to a better school. That saved my career.
My advice to prospective teachers:
Avoid the siren song of working in a problem school. Yes, those kids need help. But you’ve got to consider your own mental and physical health. Find a nice district where you can have a pleasant career.
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