NEWPORT NEWS, Va. — There’s a new development in the ongoing civil lawsuit filed on behalf of former Richneck Elementary School teacher Abby Zwerner, who was shot and injured by a student in her classroom in 2023.
For over an hour Friday afternoon in Juvenile and Domestic Relations Court in Newport News, attorneys in the $40 million lawsuit appeared in court by Zoom, arguing over motions filed by the defense.
Watch: Full interview with Abby Zwerner 1 year after she was shot by student at Richneck Elem.
The defense asked for a continuance, for defendant Ebony Parker not to be deposed before her separate criminal trial related to the shooting, and for Zwerner to continue being deposed but at the courthouse in the presence of the judge.
News 3's camera was allowed in court, but only to record audio.
“The motion to continue is multi-factorial," a defense attorney told the judge.
Watch: Two years after Richneck Elementary shooting Abby Zwerner 'is not going to stop fighting'
The judge eventually denied the continuance, saying the defense’s arguments aren’t sufficient and cited rulings by the Virginia Supreme Court and Court of Appeals.
“I believe the Court of Appeals order on my original order earlier of last year was that the Court of Appeals actually advised all of us that there is sufficient case law for the parties to rely on to have a trial in this case," the judge said.
When deciding whether Parker should be deposed, the judge referenced a previous order he made in the case.
Watch: Abby Zwerner's $40M lawsuit can proceed against former Richneck asst. principal, judge rules
“I’m going to clarify that order and order that Mrs. Parker be made available for deposition. Once again, she still has every right to exercise her Fifth Amendment right in that deposition," the judge explained.
Parker is the only original defendant still named in the lawsuit. At the time of the shooting, Parker was the assistant principal at Richneck Elementary.
As for Zwerner’s deposition, the defense argued Zwerner was uncooperative and therefore, the deposition should continue and be overseen by the judge.
Watch: Former Richneck administrator charged with child neglect appears in court
Zwerner’s legal team argued it should be held where she’s comfortable, not at the courthouse, and there should be a time limit.
“Most courts, in any kind of preliminary matter in a case like this, would’ve said maximum deposition of seven hours, maybe eight," said one of Zwerner's attorneys.
Watch: Newport News principals enhance crisis management training following Richneck Elementary shooting
The judge decided the deposition will not be held at the courthouse, and he will not "babysit" it. He also limited the deposition to six hours with a one-hour break.
As of Friday, Parker’s criminal trial related to the shooting was scheduled to happen in November.
