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By James Toscano November 6, 2025
Newport News, Virginia — In a case that gripped national attention, Toscano Law Group has secured a $10 million jury verdict after a two-week trial on behalf of first-grade teacher Abby Zwerner, who was shot by a 6-year-old student at Richneck Elementary School. “The Newport News school division had a duty to Abby — and they failed her miserably that day,” said lead attorney Diane Toscano. “This verdict speaks not just for our client, but for teachers everywhere.” A Tragic Day in the Classroom On January 6, 2023, Zwerner was teaching her first-grade class when a 6-year-old student entered with a handgun taken from home. Multiple staff members warned administrators that the student might be armed — yet no action was taken. Moments later, the child shot Zwerner, striking her hand and chest. Despite her injuries, she ushered her students to safety. The Legal Battle: Accountability for Inaction Represented by Diane Toscano and Jeff Breit, the case against former assistant principal Ebony Parker alleged gross negligence for failing to respond to repeated warnings. Originally filed as a $40 million suit, the case argued that school administrators ignored multiple credible reports — a failure that nearly cost Ms. Zwerner her life. Expert testimony detailed her extensive injuries and emotional trauma, while Toscano’s legal team emphasized systemic failures in school safety response. The jury’s $10 million verdict confirmed that such inaction was both foreseeable and legally unacceptable. Why This Case Matters This verdict establishes a precedent for school safety accountability and signals to school systems nationwide that negligence will not go unchallenged. Key takeaways: - School officials have a legal duty to act on safety warnings. - Failure to respond can result in multi-million-dollar liability. - Teachers’ rights to a safe workplace are enforceable under Virginia law. Watch & Read More YouTube — https://www.youtube.com/watch?v=zsDRzuFaXFI Reuters — https://www.reuters.com/legal/litigation/virginia-teacher-shot-by-6-year-old-awarded-10-million-civil-trial-2025-11-06/ AP News — https://apnews.com/article/68865dde6f4953ef8a9dbda30e957ddb
By James Toscano September 23, 2025
At Toscano Law Group, we are proud to share a recent civil settlement achieved on behalf of a young client. Our firm successfully secured a large sum for an infant injured at a church-affiliated daycare in Virginia. While the specific terms of the settlement remain confidential, this result highlights Toscano Law Group’s commitment to protecting children and families harmed by negligence in daycares, churches, and other caregiving institutions. If your child has been injured at a daycare, church, or similar facility in Virginia, you may be entitled to compensation. Toscano Law Group is here to guide you through every step of the legal process with skill, compassion, and proven results. Case Overview: Daycare and Church Liability for Infant Injuries In this case, our client — an infant entrusted to the care of a church-affiliated daycare — suffered serious injuries due to negligence. Our firm pursued claims against both the daycare and the church responsible for operating and supervising the facility. After building a strong case and engaging in aggressive negotiations, we obtained a large civil settlement to help the child and family secure the resources needed for ongoing care and recovery. Minor settlements (settlements on behalf of children under 18) in Virginia must be approved by the court to ensure that the recovery is in the child's best interest. Toscano Law Group worked closely with the court system to finalize this recovery in a manner that fully protected our young client’s future. Why Civil Settlements Matter in Virginia Daycare and Church Injury Cases When a child is injured due to the negligence of a daycare provider, a church, or any other institution responsible for supervision, Virginia law allows families to pursue damages. These damages may include: Medical expenses (past and future) Pain and suffering Emotional distress Permanent injury or disability Future care needs and educational support Civil settlements not only help families recover financially — they also hold negligent organizations accountable and encourage safer practices for all children. Common Causes of Daycare and Church-Related Injuries Unfortunately, children are vulnerable to a variety of injuries when supervision is inadequate. Common causes of injury in daycare and church settings include: Lack of adequate supervision Unsafe playground equipment or facilities Negligent hiring or training of staff Physical abuse or neglect Failure to maintain a safe environment When institutions fail to meet their duty of care, they can and should be held responsible. What to Do If Your Child Is Injured at a Daycare, Church, or Care Facility If your child has been hurt while under the care of a daycare, church, or similar organization, it is critical to act quickly to protect your child’s rights. Here are important steps to take:  Seek Immediate Medical Attention Always prioritize your child's health. Obtain a full medical evaluation, even if injuries seem minor at first. Document the Incident Take photos of the injury and the location where it happened. Keep copies of incident reports and communications with the facility. Report the Injury Report the injury to the daycare, church, and appropriate regulatory agencies. In Virginia, daycares are regulated by the Department of Social Services. Consult an Experienced Virginia Civil Attorney Cases involving injuries to minors — especially against religious institutions or daycares — can be complex. An experienced attorney can help you navigate insurance claims, minor settlement approvals, and litigation if necessary. Preserve Evidence Keep all records related to the injury, including medical bills, insurance paperwork, witness statements, and facility communications. Toscano Law Group: Advocating for Injured Children and Families Across Virginia At Toscano Law Group, we understand that nothing is more important than your child’s well-being. Our team has deep experience handling civil settlements for daycare injuries, church-related incidents, and other personal injury cases throughout Virginia. When you work with us, you can expect: Aggressive advocacy focused on your child's best interests Compassionate guidance through every step of the legal process Results-driven strategies to maximize your family's financial recovery Proven experience in handling minor settlements and court approvals in Virginia We are proud to fight for justice for those who cannot fight for themselves. If your child has been injured at a daycare, church, or any caregiving facility in Virginia, don't wait. Contact Toscano Law Group today for a free, confidential consultation. We are ready to help you seek the justice and compensation your family deserves.
Attorney Diane Toscano, Virginia Beach Title IX lawyer and founder of Toscano Law Group
By James Toscano September 10, 2025
Attorney Diane Toscano of Toscano Law Group featured in Virginia Lawyers Weekly on a key Title IX ruling holding Virginia schools accountable
Attorney Alyssa Miller in professional setting, bringing military precision and courtroom experience
By James Toscano September 3, 2025
Attorney Alyssa Miller shares how her military and courtroom experience shape her steady, client-focused approach to family law, Title IX, and more.
What to do if federal investigators or the FBI contact you in Virginia
By James Toscano February 21, 2025
What to Do If Federal Investigators Contact You in Virginia Beach, Chesapeake, or Norfolk -- Anywhere in Virginia
Charged Dismissed in Carnal Knowledge of a Minor Case in Virginia
By James Toscano February 21, 2025
We fought the charge of Carnal Knowledge of a Minor Case in Virginia Beach and won a dismissal in the case, now our client can move on with his life.
Toscano Law Group Files $19 Million Wrongful Death Lawsuit Against Virginia Beach Oceanfront Hotel/M
By James Toscano February 17, 2025
The lawsuit alleges negligence on the part of the hotel/motel in maintaining safe conditions around its pool area.
Title IX Case Wins at Virginia Tech, Christopher Newport University (CNU), and Virginia Beach Public
By James Toscano February 17, 2025
Defending Your Rights in Title IX and Campus Sexual Assault Cases: Proven Success Stories from Toscano Law Group
This is a picture of the US Capitol, Toscano wins rare not-guilty verdict in federal jury trial
By James Toscano January 25, 2025
Virginia Defense Attorney Secures Rare Federal Court Acquittal in High-Stakes Criminal Case
settled wrongful death insurance claim
By James Toscano September 4, 2024
Toscano Law Group settled a wrongful death insurance claim in favor of its client for the maximum allowable under the insurance policy held by USAA.
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