Abigail Zwerner's $40M Lawsuit EXPOSED – School Ignored 3 Warnings Before Teacher Shot By 6-Year-Old

Abigail Zwerner’s explosive $40 million negligence lawsuit against Newport News Public Schools entered trial on October 27, 2025, revealing shocking testimony that assistant principal Ebony Parker ignored three urgent warnings about an armed first-grader before the child shot Zwerner in her classroom. Opening statements began Tuesday, October 28, 2025, with a nine-member jury now hearing evidence that could make this the first time a school district faces partial liability for a school shooting incident. The groundbreaking education law case centers on whether Parker’s alleged gross negligence and willful disregard for teacher safety warnings stripped her of sovereign immunity protections.

Abigail Zwerner Lawsuit Today: Jury Selection Complete, Trial Underway

The jury panel for this landmark school safety litigation includes five Black jurors, three white jurors, and one of mixed race, with two alternates whose identities remain sealed until trial conclusion. The two-week civil trial against the former Richneck Elementary School administrator began Monday with careful jury vetting to prevent mistrials in this precedent-setting education negligence case.

Zwerner’s personal injury lawsuit claims the 6-year-old shooter had a documented history of violent behavior, including allegedly strangling and choking another teacher, and that Parker had a notorious reputation for dismissing teacher concerns about student misconduct and classroom safety violations.

Critical Pre-Trial Court Rulings on School District Immunity

Judge Matthew Hoffman’s July 2025 ruling found that former superintendent Dr. George Parker and principal Brianna Foster Newton are shielded by sovereign immunity for simple negligence claims. However, assistant principal Ebony Parker faces gross negligence allegations—conduct so reckless that government immunity protections don’t apply under Virginia law.

Hoffman denied Parker’s emergency motion to delay the civil proceedings until after her criminal child abuse trial, stating that forcing Zwerner to wait years for appeals to exhaust would deny justice. Zwerner’s trial attorney Jeffrey Breit argued: “It’s been 2½ years since the injury and she hasn’t received a penny and is suffering greatly. We could be here for years waiting for Abby Zwerner to have her justice.”

Newport News Teacher Shooting: What Really Happened That Day

On January 6, 2023, a 6-year-old boy drew a 9mm handgun from his hoodie pocket and fired a single round at Zwerner from approximately 10 feet while she sat at a reading table during first-grade instruction. The bullet tore through Zwerner’s left hand—which she instinctively raised as the boy fired—before striking her upper chest and shoulder area, causing catastrophic injuries including a collapsed lung and permanent physical damage.

Zwerner, now 28, endured 10 days of hospitalization and has undergone multiple reconstructive surgeries. Despite her life-threatening injuries, Zwerner managed to evacuate approximately 18 students from the classroom before collapsing and seeking emergency medical help.

Abigail Zwerner's $40M Lawsuit EXPOSED – School Ignored 3 Warnings Before Teacher Shot by 6-Year-Old

The 3 Ignored Warnings: Timeline of Administrative Negligence

The wrongful injury lawsuit filed three months after the shooting reveals that Parker received and dismissed multiple credible warnings that the child was armed on school premises. The complaint details three specific instances of alleged administrative failure and dereliction of duty:

11:15 a.m. – First Warning Dismissed: Zwerner approached Parker after 11:15 a.m. reporting the boy was “in a violent mood” and “threatened to beat up a kindergartner during lunchtime,” but Parker allegedly “had no response…refusing even to look up at (Zwerner) when she expressed her concerns” about the escalating behavioral crisis.

12:30 p.m. – Backpack Search Request Ignored: After recess began at 12:30 p.m., Zwerner told the reading specialist she witnessed the 6-year-old removing something from his backpack and hiding behind a concrete wall. The reading specialist conducted a cursory backpack search but didn’t locate the firearm. When she rushed to Parker’s office expressing urgent safety concerns, Parker dismissively responded, saying the boy “has little pockets”—implying they were too small to conceal a weapon.

Final Warning Before Shooting – Search Request Denied: When recess ended, another terrified student informed his teacher the 6-year-old had shown him the gun and threatened violence if he reported it. When this critical threat was relayed to Parker, she stated the boy’s bag already had been searched. When a guidance counselor requested permission to physically search the student for the firearm, Parker allegedly prohibited anyone from searching the child, noting the boy’s mother would soon arrive for pickup.

Within 60 minutes of the final warning being ignored, the student shot Zwerner in front of her class.

Recent Court Rulings Set New School Safety Legal Precedent

Sovereign Immunity Doesn’t Protect Gross Negligence

Judge Hoffman found that Zwerner “alleged sufficient facts for a jury to determine if Assistant Principal Parker assumed a duty” to protect teachers from known threats. A reasonable jury “could find that Assistant Principal Parker’s actions, or lack thereof, rose to the level of gross negligence or willful and wanton conduct”—conduct so reckless it pierces government immunity shields.

Hoffman ruled that Parker, as a public school employee, enjoys immunity from claims of simple negligence or ordinary mistakes, but is NOT immune from claims of “gross negligence,” which Virginia case law defines as “the absence of slight diligence or the want of even scant care”—essentially, complete disregard for obvious dangers.

Workers’ Compensation Battle Resolved

The Newport News school division previously attempted to limit Zwerner’s damages by arguing her shooting injuries should be covered exclusively under workers’ compensation insurance, but that jurisdictional appeal was dismissed last year, clearing the path for the civil lawsuit to proceed to trial. In November 2023, Hoffman rejected the Newport News School Board’s legal argument that Zwerner’s only remedy was filing a workers’ compensation claim rather than pursuing a personal injury lawsuit for educational malpractice and negligent supervision.

School Board Dropped After Immunity Ruling

Zwerner’s legal team strategically dropped the Newport News School Board from the defendant list after the Supreme Court of Virginia determined school boards hold broad-ranging sovereign immunity protections from personal injury claims under state law, making it virtually impossible to pierce governmental immunity shields for institutional defendants in education law cases.

Criminal Case Threatens Insurance Coverage for Parker

Parker faces eight counts of felony child neglect in a parallel criminal prosecution pertaining to the Richneck Elementary shooting, with a three-day jury trial scheduled to commence November 17, 2025. Parker is charged with eight separate counts of child abuse with disregard for life—one criminal count for every bullet the 6-year-old student had loaded in his gun that day.

If Parker is convicted in the criminal child abuse case, legal experts warn, the Virginia Risk Sharing Association could attempt to deny Parker insurance coverage in the civil negligence case, leaving her personally liable for any jury award or settlement agreement.

Fifth Amendment Rights Questioned During Jury Selection

Parker’s defense lawyers extensively questioned the jury panel about whether they would hold it against Parker if she invoked her constitutional right to remain silent under the Fifth Amendment during civil testimony. Judge Hoffman struck two potential jurors from the panel when they acknowledged they would think Parker might have “something to hide” by pleading the Fifth—demonstrating the complex interplay between criminal and civil proceedings in this dual-track litigation.

What This Historic Case Means for Teachers and Educator Safety

School Administrator Duty to Protect Teachers

The civil complaint alleges Parker’s administrative leadership style was to “permit students to engage in dangerous and disruptive conduct and impose no consequence for breaking the rules, thereby placing all persons in the vicinity of the school and in the community at risk” of foreseeable violence and preventable injuries.

If Newport News Public Schools is found liable for Zwerner’s injuries through its employee’s gross negligence, it would mark the first time in American legal history a school division was found partially responsible for a school shooting incident—potentially opening the floodgates for teacher protection lawsuits nationwide.

Workplace Violence and Employer Liability Standards

The judge ruled that Zwerner’s attorneys alleged “sufficient facts” about Parker’s “knowledge and conduct” before the shooting that could support a finding that she breached her legal duty to protect Zwerner from known and foreseeable workplace violence.

The case establishes that school administrators cannot hide behind sovereign immunity protection when their conduct escalates to gross negligence or willful misconduct. Simple administrative oversight may be protected, but conscious disregard for multiple clear warnings about imminent danger creates direct personal liability exposure for school officials.

Aftermath: Resignations and Criminal Prosecutions

Parker resigned shortly after the shooting incident, the superintendent was terminated by the school board, and the principal was reassigned to alternative duties. Deja Taylor, the mother of the student who shot Zwerner, is currently serving a federal prison sentence for two federal gun charges: using illegal drugs while possessing a firearm and lying about her marijuana drug use when purchasing the weapon used in the shooting.

Settlement Negotiations and Trial Outlook

Though last-minute settlements on the eve of trial are common in high-stakes civil litigation, there appears to be zero movement on settlement discussions in this case. Hoffman has not ordered a mandatory settlement conference, and there’s nothing in the public docket to suggest any settlement negotiations have been taking place between the parties.

Zwerner’s attorneys, Diane Toscano and Jeffrey Breit, stated: “Abby Zwerner’s catastrophic injuries will now be addressed by a Newport News jury. The trial judge has correctly ruled that the assistant principal must face the consequences of her grossly negligent dereliction of duty that resulted in Abby’s life being forever altered” by preventable gun violence.

Insurance Coverage Crisis Looms

Attorneys for Parker—including John B. Mumford Jr. and Sandra M. Douglas from Hancock Daniel law firm—did not return media phone calls Friday, including questions on whether they have extended a settlement offer to avoid trial. The potential denial of liability insurance coverage if Parker is criminally convicted creates enormous pressure on settlement negotiations and could leave Parker personally responsible for a multi-million dollar judgment.

Legal Precedent for School Safety Litigation Nationwide

Gross Negligence Standard Defined for School Officials

The Zwerner case clarifies that school administrators face personal civil liability when they:

Receive multiple credible warnings about immediate safety threats to staff or students
Refuse to investigate reported threats or take reasonable protective action
Demonstrate a documented pattern of ignoring teacher safety concerns and student violence
Show “absence of slight diligence or the want of even scant care” for foreseeable risks

Assumed Duty to Protect Students and Staff

Judge Hoffman wrote that Zwerner’s complaint alleges sufficient facts regarding Parker’s knowledge and conduct before and on the day of the shooting that could support a finding of an assumed legal duty on Parker’s part to protect teachers under her supervision.

The case potentially establishes new education law precedent that once school administrators are specifically informed of credible threats, they legally assume a duty to protect teachers and students from that known danger. Failing to act on that assumed duty constitutes actionable gross negligence when warnings are credible, specific, and urgent.

Frequently Asked Questions About the Abigail Zwerner Case

What is the current status of the Abigail Zwerner trial today?

The trial began Monday, October 27, 2025, with jury selection and voir dire. Opening statements commenced Tuesday, October 28, 2025. The trial is expected to last two weeks, with witness testimony and evidence presentation ongoing in Newport News Circuit Court.

How much is Abigail Zwerner suing for in damages?

Zwerner filed a $40 million personal injury lawsuit against former assistant principal Ebony Parker seeking compensation for emotional distress, physical injuries, medical expenses, lost wages, and permanent disability resulting from the January 6, 2023 classroom shooting.

Who are the defendants in the Abigail Zwerner lawsuit now?

Ebony Parker is the sole remaining defendant after Judge Matthew Hoffman dismissed former superintendent Dr. George Parker and former principal Brianna Foster Newton from the case in July 2025 due to sovereign immunity protections. The Newport News School Board was also dropped as a defendant after Virginia Supreme Court immunity rulings.

What criminal charges does Ebony Parker face?

Parker is charged with eight counts of felony child neglect in a separate criminal case, with a three-day jury trial scheduled to begin November 17, 2025. Each criminal count represents one bullet that was loaded in the gun the 6-year-old carried into Richneck Elementary School.

What happened the day Abigail Zwerner was shot at school?

On January 6, 2023, a 6-year-old boy drew a 9mm handgun from his hoodie pocket and fired one round at Zwerner from about 10 feet while she sat at a reading table during first-grade instruction. The bullet went through her left hand and struck her upper chest and shoulder. Zwerner spent 10 days hospitalized with serious injuries including a collapsed lung and has undergone multiple surgeries.

Why is this case significant for school safety law and teacher rights?

If Newport News Public Schools is found liable for Zwerner’s injuries through its employee’s conduct, it would mark the first time in American history a school division was found partially responsible for a school shooting. The case establishes that gross negligence by school administrators strips them of sovereign immunity protection—setting new legal precedent for teacher workplace safety and educational malpractice nationwide.

Can teachers sue school districts for workplace injuries and violence?

The school division argued Zwerner’s injuries should be covered exclusively under workers’ compensation, but that appeal was dismissed, allowing the personal injury lawsuit to proceed. The case demonstrates that when school administrator conduct rises to gross negligence or willful misconduct, teachers can pursue civil lawsuits beyond limited workers’ compensation claims for workplace violence.

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult an attorney specializing in education law, personal injury law, or your specific jurisdiction for legal guidance on your situation.

Learn more about education law, school safety, and teacher rights:

About the Author

Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
Read more about Sarah

Abigail Zwerner’s $40M Lawsuit EXPOSED – School Ignored 3 Warnings Before Teacher Shot by 6-Year-Old