Abby Zwerner’s $40M suit over shooting by first-grader hinges on who should have stopped the boy

The $40 million lawsuit over the Virginia teacher who was shot by a 6-year-old student could hinge on who was responsible for checking out classmates’ claims that the first grader had a gun.

Abby Zwener, who still carries the bullet lodged in her chest, is arguing that her former vice principal, Ebony Parker, failed to act on repeated warnings that the troubled boy had brought his mom’s handgun to class in Newport News, Virginia.

The case is slated to come to a close following four days of testimony in court, where Zwerner took the witness stand to recount the moment she was shot in the hand and chest in her classroom on Jan. 6, 2023. She said she believed she “died” and was on her way “to heaven.”

Jurors could begin deliberating Wednesday afternoon.

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Over the first three days of trial, which kicked off Tuesday, Oct. 28, Zwerner’s legal team called 16 witnesses, including staff from Richneck Elementary School in Newport News, local law enforcement agents, medical experts and family members.

Meanwhile, lawyers for Park called one medical expert and one school safety expert Monday who said her response was in line with standards.

But Parker — who is also facing child neglect charges related to the shooting — notably didn’t testify in her defense case.

Zwerner’s case culminated with her own testimony Thursday when she described seeing the student standing by his desk, holding a gun and firing at her.

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“I thought I was dying,” she recalled in a soft-spoken voice. “I thought I had died. I thought I was either on my way to heaven or in heaven.”

“But then, it all got black and so I thought I wasn’t going there,” she testified.

Zwerner, a 25-year-old who had only been teaching for 2 1/2 years, described the physical and emotional toll the incident has had on her life, including having difficulty using her hand for basic tasks, like opening a bottle of water or bag of chips

And the former educator told jurors that she has difficulty leaving her home and connecting in her relationships now.

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Zwerner has brought claims of gross negligence against Parker, who she claims failed to act on warnings by others that the child had a gun in school that day.

First grade teacher Jennifer West, testified that another student told her the boy had a gun and threatened to “hurt us, blow us up.” West reported what she heard to the main office but counselor Rolonzo Rawles told her he couldn’t search the boy for a weapon, West told the jury.

Rawles testified that he told Parker his concerns the boy might have bullets and suggested they search him but Parker told him the child’s mom was coming soon and they would perform the check then.

Reading specialist Amy Kovac told the jury how she asked the child to look in his backpack but he responded, “No one is getting that bag,” and when Kovac told Parker about this she brushed it off.

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Both Kovac and West said when they heard a shot fired later that day they knew it was the boy.

Two doctors told jurors about how Zwerner still has part of a bullet in her body because they were unable to safely remove it and the panelists were shown a x-ray of the bullet in her chest. In total, Zwerner has undergone six surgeries, with the most recent one being performed on her hand in April.

A psychiatrist testified to evaluating Zwerner and diagnosing her with post traumatic stress disorder that he believes she will need to continue seeking treatment for, including seeing a therapist and taking medications.

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Zwerner’s mom and sister testified about how their loved one’s personality has changed since the incident. Zwerner’s mother, Julie Zwerner, testifed that her daughter no longer wants to be a teacher and she has trouble finding joy in life anymore, according to a report by CourtTV.

Zwerner’s twin sister, Hannah, described how her sibling became much more reclusive after the shooting, according to a report by WTKR News3.

“She’s just not the person that she was,” Hannah told the jury. “I feel like she’s kind of lost her sense of direction in a way. She doesn’t want to go out anymore. I don’t talk to her as much as we used to.”

The boy has not been criminally or civilly charged. His mother, Deja Taylor, was sentenced in 2023 to two years in prison for child neglect after her son took a 9mm handgun out of her purse.

Parker is slated to go on trial in the criminal case next month. She has pleaded not guilty.