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Former Richneck Elem. principal considering countersuit against Abby Zwerner

Richneck Elementary shooting
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Richneck Elementary
Scene outside Richneck Elementary School in Newport News
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NEWPORT NEWS, Va. — In a statement given on behalf of former Richneck Elementary School principal Briana Foster-Newton, Foster-Newton's lawyer, Pamela Branch says they are "exploring the possibility" of a countersuit to Abby Zwerner's lawsuit against Foster-Newton and other administrators and school board members.

Lawsuit filed by Richneck teacher Abby Zwerner includes her detailed account of the day she was shot

In the statement, Branch says the consideration for a countersuit comes as "it has been brought to our attention that prior to the shooting, another student in Ms. Zwerner's class warned her in class that the 6-year-old shooter had a gun and Ms. Zwerner allegedly told the student to sit down and be quiet."

"If this is true, Ms. Zwerner may have been able to avoid the injury she suffered and this will certainly impact her claimed damages," the statement continues.

Branch and Foster-Newton have said the information about the student with the gun was never reported to Foster-Newton.

Abby Zwerner is suing Foster-Newton, former assistant principal Ebony Parker, former Newport News superintendent Dr. George Parker, and Newport News school board members Chairperson Lisa R. Surles-Law, Director of Legal Services Len Wallin, and Newport News City Attorney Collins Owens Jr. for $40 million in damages, accusing them of gross negligence for allegedly ignoring multiple warnings on the day of the shooting that the boy had a gun and was in a “violent mood.”

Zwerner is requesting a trial by jury.

Stay with News 3 for updates.