NEWPORT NEWS, Va. — A Newport News judge ruled the $40 million lawsuit filed by Abby Zwerner, the former first-grade Richneck Elementary teacher who was shot by her student in Jan. 2023, will go on as scheduled in Jan. 2025.
Sandra Douglas, an attorney for Ebony Parker, the former assistant principal at Richneck were arguing to delay the case until Parker's criminal case was over, but that was rejected by the judge.
Parker is charged with felony child neglect in connection to the shooting and is set to be in court for her criminal trial in Feb. 2025.
Attorneys for Zwerner say Parker disregarded teachers on three different occasions when she was told that a 6-year old brought a gun to school.
Watch previous coverage: Abby Zwerner's lawyers commend special grand jury report charging admin with child neglect
Parker's attorney, Sandra Douglas, cited that Parker wouldn't have time to prepare for her criminal case just two weeks away from the civil trial.
Douglas said publicity surrounding the civil trial two weeks before the criminal trial would not be good.
Zwerner's attorney, Jeffrey Briet, argued the trial should go on as scheduled.
"This is a disingenuous, insecure way to delay the case," Jeffrey Breit, Zwerner's attorney said in court.
"Trial will go forward on January. The school board’s insurance company will be responsible for any of the damages," Breit to News 3's Leondra Head.
"How is Abby Zwerner doing right now?" News 3's Leondra Head asked Breit.
"She has a very bad hand. Her mental health having not being with her job for 16 or 18 months, and no money coming in from anywhere," Breit said.
Watch previous coverage: Richneck asst. principal ignored multiple warnings day teacher was shot, grand jury report says
Zwerner's attorney says he and Zwerner are eager for the trial to start in January.
"Abby wants to move on with her life and go on with the lawsuit trial as scheduled," Breit said.
The next discovery trial will be on Oct. 18. There will be a sovereign immunity hearing on Oct. 25.
Sovereign immunity offers local government entities protection against liability or being sued.
An attorney for the Newport News School District, Annie Lahren released the following statement:
“ We are pleased that the Court has scheduled a specific date for our plea of sovereign immunity on behalf of the School Board for October. We strongly believe that both the Board and former superintendent are immune from this suit as a matter of law. Matters concerning scheduling in this case can be further addressed after a final disposition of sovereign immunity by the Virginia Supreme Court, which directly reviews rulings on such issues by statue.”
-Annie Lahren
