Teacher Shot by 6-Year-Old Testifies in $40M Negligence Lawsuit

Newport News Circuit Courthouse

Virginia teacher Abigail Zwerner has taken the stand in her $40 million lawsuit against the Newport News school system, recounting the day a 6-year-old student shot her in her first-grade classroom. Zwerner's civil trial centers on the claim that school administrators were grossly negligent, failing to act on at least four separate warnings that the child had a gun and posed an imminent threat on January 6, 2023.

During her testimony, Zwerner detailed the escalating concerns throughout the school day. Her attorneys argue that former Assistant Principal Ebony Parker dismissed multiple reports from Zwerner and other staff members. The first warning came in the morning when Zwerner observed the student's unusually aggressive behavior. Later, another teacher informed administrators the boy had told a classmate he had a gun. A third report surfaced during recess when students tearfully told a teacher he had shown them the firearm. Despite a search of the boy's backpack, no weapon was found, and administrators allegedly downplayed the concerns.

The lawsuit alleges that a guidance counselor's final plea to search the student just an hour before the shooting was denied. Parker allegedly stated the school day was almost over and the boy's pockets were too small to hold a weapon. Shortly after, the student pulled out a 9mm handgun and shot Zwerner, with the bullet striking her hand and chest. The teacher, praised for her heroism in evacuating the other children from the classroom, has undergone multiple surgeries and lives with permanent injuries and severe emotional trauma, including post-traumatic stress disorder.

The school board’s defense argues that while the shooting was a tragedy, the administrators' actions do not meet the high legal standard of gross negligence. Their lawyers have also unsuccessfully attempted to have the case dismissed, contending it should be handled as a workers' compensation claim. The legal team for the school board stated that no one could have anticipated that a 6-year-old would shoot his teacher. The boy's mother was later sentenced to prison on federal firearm and state child-neglect charges. The case raises critical questions about accountability and safety protocols in public schools.