A Virginia jury has awarded $10 million to Abigail Zwerner, the first-grade teacher shot by a 6-year-old student at Richneck Elementary School in January 2023. The verdict found that assistant principal Ebony Parker ignored multiple warnings that the child had a gun, a failure the panel deemed gross negligence, NBC News reports. Testimony revealed at least two teachers alerted Parker to reports from students about the weapon on campus, but no action was taken before Zwerner was shot in the hand and chest. The jury reached its decision after six hours of deliberation over two days.
"The road signs were screaming at her, flashing at her, telling her what was going to happen if she did not act," said Kevin Biniazan, one of Zwerner's lawyers, per the Virginian-Pilot. "She blew past the signs." Parker's defense argued that she had no legal duty to specifically protect Zwerner, and her actions did not rise to gross negligence. Biniazan, however, pointed to clear school policies requiring staff to investigate potential threats. "You cannot stick your head in the sand and then come into court and say, 'I didn't have the information,' when it was your job to find it," he said.
The civil damages are expected to be covered by the Virginia Risk Sharing Association, the Newport News School Board's insurance pool. Parker will go on trial later this month on eight felony charges of child neglect. If she is convicted, insurers could argue they are no longer obligated to pay. University of Richmond law professor Jack Preis, however, tells NBC that insurers might feel pressure to pay up even if Parker is found guilty. Last week, Zwerner, who no longer works as a teacher, testified that she thought she had died after the child shot her. She still has a bullet lodged in her chest and has not regained full use of her left hand.