“We can’t let these kinds of school shootings, whether it’s an individual case like this or the mass shootings that have destroyed America, (continue),” Breit said. “School safety, teacher safety, children’s safety is the most important thing. This verdict reminds people that you will be held accountable if you don’t make that your first concern.”
A jury has awarded $10 million to Abigail Zwerner, a Virginia teacher who was shot by a 6-year-old student who’d come to school with a handgun in his backpack.
According to NBC News, the panel of three men and four women found that a former assistant principal at Richneck Elementary School in Newport News, Virginia, ignored warning signs that the child had a firearm and was therefore liable, at least in part, for Zwerner’s injuries.
In total, the jury awarded Zwerner $10 million in damages, plus interest, in relation to January 6 2023 incident.
Following the jury’s verdict, attorneys for Zwerner said that their client was happy with the outcome.
“I remember just three years ago, almost to this date hearing for the first time Abby’s story, and thinking that this could have been prevented,” attorney Diane Toscano said in a press conference. “So now to hear from a jury of her peers that they agree that this tragedy could have been prevented … we’re very happy with the outcome for today, and we’re happy that Abby’s story got to be told.”
Zwerner was shot in the hand and chest by the boy, who purportedly showed classmates his handgun several hours before the shooting. Some staff raised concerns, but the student’s backpack was never searched.
Last week, when the case was still at trial, another Richneck teacher testified that she informed Richneck’s vice principal, Ebony Parker, that the boy had a gun. Per school guidelines, Parker should have taken immediate action upon receiving information of a credible threat.
“What does that mean?” asked Kevin Biniazan, an attorney for Zwerner. “That means you can’t stick your head in the sand. 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.”
Attorneys for Parker, in contrast, seemed to suggest that their client didn’t have any particular legal obligation to protect Zwerner’s person and well-being.
“Dr. Parker did not have a legal duty to protect Ms. Zwerner,” attorney Sandra Douglas said, arguing that Parker’s inaction did not meet the standard of gross negligence. “She did not volunteer to protect Ms. Zwerner.”
Jeffrey Breit, another attorney for Zwerner, said that the case should send school districts a message about safety.
“We can’t let these kinds of school shootings, whether it’s an individual case like this or the mass shootings that have destroyed America, (continue),” Breit said. “School safety, teacher safety, children’s safety is the most important thing. This verdict reminds people that you will be held accountable if you don’t make that your first concern.”
Sources
A former teacher shot by her 6-year-old student wins a $10 million jury verdict
Abigail Zwerner wins $10 million in lawsuit over being shot by 6-year-old in Virginia school
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