NEWPORT NEWS, Va. — The civil case related to a former Newport News teacher, Abby Zwerner, shot in her Richneck Elementary School classroom by a six-year-old student in January 2023, is moving forward.
A hearing in the case was held Thursday morning in Juvenile & Domestic Relations Court in Newport News.
News 3 has been covering this case extensively ever since Jan. 6, 2023, when a student in Zwerner's classroom took out a gun and shot her, hitting her in her hand and chest.
Zwerner has since filed a $40 million lawsuit against the school division and several school employees, including Dr. Ebony Parker.
Parker was an assistant principal at Richneck at the time of the shooting. The lawsuit claims Parker ignored several warnings that the six-year-old boy had a gun.
Watch: Full interview with Abby Zwerner 1 year after she was shot by student at Richneck Elem.
The majority of the hearing Thursday was spent on arguments over what questions Parker does and does not have to answer in a deposition.
The questions had previously been agreed to by both sides in the case.
After about an hour in court, attorneys for Zwerner emerged happy even though they didn’t get everything they wanted from the judge.
“I think he did rule on questions that we need answered," Attorney Diane Toscano said.
Watch: Va. State Senate presents resolution commending Abby Zwerner
Zwerner's legal team wants to ask Parker questions about her actions the day of the shooting as they prepare to go to trial with their lawsuit.
“We need answers as efficiently and effectively as we can get them. This was a step in that direction," Attorney Kevin Biniazan said.
Representatives for Parker and the Newport News school district argued against Parker having to answer any questions, saying they could impact her separate criminal case related to the shooting.
Watch: Former Richneck administrator charged with child neglect appears in court
As of Thursday, Parker was facing eight felony child abuse and neglect charges, and was scheduled to go to trial in February 2025.
Parker was not in court for the hearing Thursday, and both her attorney and those for the school district declined to speak.
Parker has pleaded the fifth, refusing to answer questions in light of her criminal case.
Watch: Richneck asst. principal ignored multiple warnings day teacher was shot: Grand jury
But Thursday morning, a judge ruled Parker will have to answer some of the 40 or so questions from Zwerner’s team.
Now that some of the 40 or so questions have been allowed by the judge, a date will have to be set for the team to re-ask Parker those questions.
Zwerner's legal team also noted once Parker's criminal trial is over, she could then be asked the questions the judge ruled Thursday she doesn't have to answer prior to the trial.
Watch: Abby Zwerner's lawyers commend special grand jury report charging admin with child neglect
"If we get (answers) in part now and more later, so be it. But we need to continue to move the ball forward," Biniazan said.
Some of Zwerner’s family members were in court Thursday but didn’t talk to reporters.
Zwerner’s attorneys say the family is frustrated the trial for the lawsuit has been delayed from January to October, in part, because of parker’s refusal to answer questions but they are happy the case is now moving forward.
Watch: Richneck shooting investigation ongoing: Commonwealth's Attorney
“We’re going to fight this all the way to the end. So a delay or not, that’s just making us want to fight this even more," Toscano explained.
When Zwerner's legal team will re-ask Parker the questions the judge approved had not been determined Thursday.
