NEWPORT NEWS, Va. — Attorneys for the Newport News School Board and former Richneck Elementary Assistant Principal Ebony Park have filed a motion to dismiss the verdict of the lawsuit that awarded $10 million to Abby Zwerner, the teacher shot by a student at Richneck in January 2023.
The parties are expected back in court on Jan. 30 to discuss the motion to dismiss.
In the filing, attorneys again argued that Zwerner's injury — the gunshot that went through her hand and pierced her chest, puncturing a lung — falls under worker's compensation rather than a civil lawsuit, with claims that workplace violence is an "actual risk" of teaching.
Watch the moment Zwerner finds out she won her lawsuit
The legal team had made this argument prior to the lawsuit going to trial, but a judge ruled in November 2023 that the lawsuit, which originally asked for $40 million in damages, could move forward.
In the two-week trial, which began at the end of October and wrapped in early November, Parker, the lone defendant, was found grossly negligent by the jury.
Parker did not testify in the lawsuit trial due to the upcoming criminal trial she faces later this year on eight counts of felony child neglect — one for each bullet in the gun brought into the classroom by the child.
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Attorneys argue in the filing that attorneys for Zwerner "improperly" brought this matter up in closing arguments, stating that it may have influenced the jury at a critical time in the trial. "The prejudice is overwhelming," they wrote. "A new trial is warranted."
Other arguments made in the filing relate to the school's response to the threat of the gun, the unprecedented nature of a 6-year-old shooting a teacher, and allegations that Zwerner was herself negligent for not taking additional action when learning about the possibility of the student having a gun.
News 3 reached out to Zwerner's legal team for a statement, and they said:
“A jury of Abby Zwerner’s peers heard the case and rendered a verdict in her favor. As we approach the post-trial motions, we will ask the court to enter the judgment so that Abby receives the justice this verdict represents. Now is the time for the City of Newport News to take care of Abby Zwerner — their continued delays and denials have only added to her injuries. We are confident that the court will enter judgement on the verdict.” - Attorneys Diane Toscano, Kevin Biniazan, and Jeffrey Breit
