Teacher Abby Zwerner Wins $10 Million Verdict Against School Administrator in Landmark Negligence Case

A Virginia jury has awarded former first-grade teacher Abigail “Abby” Zwerner $10 million in damages after determining that her former assistant principal, Ebony Parker, acted with gross negligence for failing to intervene before a 6-year-old student shot Zwerner inside her classroom at Richneck Elementary School in Newport News, Virginia, in 2023.

The verdict — delivered after four days of emotional testimony — marks one of the most significant civil rulings in U.S. education law history involving school safety and duty-of-care standards.

A Preventable Tragedy

On January 6, 2023, Zwerner, then 25, was teaching her first-grade class when the student — identified only because of his age — pulled a 9 mm handgun from his backpack and shot her once through the hand and chest. Despite being gravely wounded, Zwerner led her remaining students to safety. She has since undergone six surgeries and still carries a bullet fragment inside her body.

Zwerner sued Parker personally for gross negligence, alleging that the vice principal failed to act on multiple warnings that the student may have been armed and behaving erratically that morning. Three separate staff members had reportedly informed Parker of their concerns, including one who claimed to have seen the boy’s backpack and believed it contained a firearm.

“It was her job to investigate,” argued attorney Kevin Biniazan of the law firm Bean Kinney & Korman during closing arguments. “A gun changes everything — and it changed one young woman’s life forever.”

Defense: ‘Unforeseeable and Unthinkable’

Parker’s attorney, Sandra Douglas, maintained that her client’s actions were reasonable and that the incident was “unforeseeable.”

“No one could have predicted that a six-year-old would bring a loaded weapon to school and shoot a teacher,” Douglas told jurors, noting that the boy’s mother, Deja Taylor, had left the firearm unsecured in her purse.

Taylor later pleaded guilty to child neglect and was sentenced to two years in prison. The boy was not criminally charged due to his age.

Legal Implications: Redefining School Liability

The $10 million verdict establishes a powerful precedent for educational negligence and foreseeability in K-12 institutions. Legal analysts note that jurors effectively found that Parker had a legal duty to act when credible warnings were received — and that her failure to do so constituted gross negligence rather than mere human error.

This finding may influence future litigation nationwide involving school shootings, threat assessments, and staff accountability. Under Virginia tort law, gross negligence requires “utter disregard of prudence” showing a complete indifference to another’s safety — a far higher threshold than ordinary negligence.

Education law experts told Justice Watchdog that the verdict underscores the growing expectation that school administrators must respond immediately and thoroughly to any report of potential gun threats, regardless of the student’s age.

“This ruling puts every district on notice,” said one education-law professor at George Mason University. “Ignoring a credible warning — especially one involving a firearm — can expose school officials to personal civil liability.”

Zwerner’s Enduring Trauma

During her testimony, Zwerner described reliving the shooting daily. She said she believed she was dying as she fell to the floor and watched her young students run for cover.

“I thought I was going to heaven,” she told jurors, recalling the moment she saw the 6-year-old raise the gun toward her desk.

She continues to suffer chronic pain and post-traumatic stress, according to her medical records and psychiatric evaluations presented at trial.

Criminal Proceedings Still Ahead

While the civil case has concluded, Parker still faces a separate criminal trial scheduled for next month. She has pleaded not guilty to related counts of child endangerment and official misconduct.

If convicted, Parker could face additional penalties, though legal experts note that the criminal case will require a higher standard of proof than the civil jury verdict.

Justice Watchdog’s View: Accountability in Education Safety

At Justice Watchdog, this case illustrates how legal accountability and systemic prevention must go hand-in-hand. The Zwerner verdict highlights:

• The non-delegable duty of care that school leaders owe to students and staff.

• The growing need for mandatory threat-assessment protocols in every district.

• The legal exposure administrators face for ignoring credible safety warnings.

School districts must now weigh whether their internal reporting structures — from teachers to principals to law enforcement — are legally sufficient. Failure to respond swiftly and document those actions can no longer be excused as “unforeseeable.”

Legal Takeaway

The Zwerner decision establishes a strong precedent for personal liability in education law, especially when administrators disregard imminent safety threats. It also opens the door for expanded legislation on mandatory school-safety training, staff immunity reform, and mental-health interventions for students exhibiting violent behavior.

If You or Your Organization Works in Education

• Review and update threat-response procedures immediately.

• Ensure that all staff receive documented safety training on gun-threat protocols.

• Consult legal counsel on how to comply with new standards of foreseeability and gross negligence in student-safety incidents.

Follow Justice Watchdog for continuing coverage of the Abby Zwerner verdict, emerging school-safety litigation, and the legal evolution of duty-of-care standards in public education.