The Jury Is In: A Breakdown of the $10 Million Verdict in the Zwerner Case

Plaintiff’s lawyers:

• Diane Toscano, Toscano Law Group
• Jeffrey Breit, Breit Biniazan
• Kevin Biniazan, Breit Biniazan

Defense lawyers at trial:

• Sandra Douglas, Hancock Daniel
• Daniel Hogan, Hancock Daniel

The judge’s name:

• Judge Mathew Hoffman

The full, original case name:

• Abigail Zwerner v. Newport News School Board, Superintendent Dr. George Parker III, Ebony Parker, Briana Foster Newton

The basic facts of the case:

• On January 6, 2023, Richneck Elementary School first-grade teacher Abigail “Abby” Zwerner was shot by her six-year-old student in front of her class. The bullet pierced Zwerner’s left hand and lodged into her upper left chest, two centimeters from her aorta, almost killing her. Zwerner alleged assistant principal Ebony Parker received multiple warnings earlier in the day that the six-year-old boy possessed a gun and that Parker failed to take the necessary actions to prevent the shooting, including directing a search of the boy and calling law enforcement.
• Before the commencement of trial, defendants filed pleas in bar asserting the Court lacked jurisdiction to hear the matter pursuant to the Virginia Workers Compensation Act and that each defendant was immune from suit in accordance with the Commonwealth’s sovereign immunity. The Court denied defendants’ plea in bar pursuant to the workers compensation act, but granted defendants’ plea of sovereign immunity, in part. The Court found assistant principal may be held liable for gross negligence, but not for simple negligence.
• The trial proceeded on a single count of gross negligence against Defendant Parker arising out of her assumed duty of care towards Plaintiff and others similarly situated in the school.       
• The defense argued that Parker in her role as assistant principal did not owe a duty of care to Zwerner and that, even if such a duty existed, Parker’s conduct was sufficient under Virginia law to satisfy any legal obligation. The defense also argued that Zwerner was contributorily negligent by not taking steps to search the boy herself or call 9-1-1.
• The defense did not dispute that the damages resulted from the shooting. The defense argued that the injuries do not inhibit Plaintiff from returning to gainful and meaningful employment, specifically Plaintiff’s pursuit of a career in cosmetology in the aftermath of her time as a teacher.     

The jury findings:

• The jury found for the Plaintiff for $10 million with pre-judgment interest.

Verdict date:

• November 6, 2025

Experts who testified for Plaintiff:

• Dr. Ann Shufflebarger, administrative education and crisis management within school systems  
• Daniel Munn, M.D., trauma surgery, general surgery and surgical critical care   
• Romney Andersen, M.D., orthopedic trauma   
• Alan Chap, M.D., surgical critical care  
• Clarence Watson, M.D., general psychiatry and forensic psychiatry  
• J.E.B. Stuart, M.D., orthopedic surgery  

Experts who testified for Defendant:

• Dr. Leigh Hagan, forensic and clinical psychiatry  
• Dr. Amy Klinger, education, administration and school safety  

Plaintiff's claimed injuries:

• Left hand bone and soft tissue injuries, including permanent disfigurement and reduction of mobility  
• Bullet remains lodged in upper left chest, two centimeters from aorta
• Left lung collapse, now scarred to her chest wall
• Post-traumatic stress disorder

 

Plaintiff's treatment:

• Plaintiff's treatment began immediately on January 6, 2023 upon being shot, including life-saving treatment administered by emergency medical personnel
• Five surgeries to date on her hand
• Pending (sixth) surgery on her hand   

Other things of note:

·       Full trial covered live on Court TV

·       The Defendant did not testify in the case 

For more information on the Zwerner case or to reach Zwerner's lead attorney,  Diane Toscano, you can contact us  here.