The Virginia teacher who was shot by a 6-year-old student is suing Richneck Elementary School for $40 million.
Abigail Zwerner is suing administrators at the Newport News school who allegedly failed to act on warnings the boy had a weapon.
She is also suing Richneck’s former principal and assistant principal, the Newport News School Board and former superintendent George Parker III.
The 25-year-old was shot by a six-year-old student on January 6, who has an 'acute disability' and is believed to have been under a care plan which required a parent to go to school with him.
However, his family said he was unaccompanied on the day the shooting took place.
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The school board let go superintendent Parker, while Assistant Principal Ebony Parker resigned after the shooting. The two are not related.
Principal Briana Foster-Newton, who claims she was not aware the boy had a gun, also resigned.
Pamela J. Branch, Foster-Newton’s attorney, said her client would 'vigorously defend any charges brought against her as a part of the lawsuit filed by Ms. Zwerner', while also 'exploring the possibility of a countersuit'.
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“If this is true, Ms. Zwerner may have been able to avoid the injury she suffered and this will certainly impact her claimed damages,” Branch said.
“This information was never reported to Mrs. Newton. Our investigation of this new information is ongoing.”
In a statement, Diane Toscano and Jeffrey Breit, lawyers for Zwerner, said: "It sounds like the principal is now blaming Abby for getting shot. That is absurd.
"The unheeded warnings to the school administration were clear and the timing of when they knew the threat was on school property is spelled out in our complaint."
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“Upon hearing that information, Assistant Principal Parker had no response, refusing even to look up at Plaintiff when she expressed her concerns,” the suit alleges.
The Richneck Elementary School board said in a statement it had not yet received the legal documents from Zwerner’s suit.
“When the School Board is served, we will work with legal counsel accordingly,” the statement said.
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“Our thoughts and prayers remain with Abby Zwerner and her ongoing recovery.”
UNILAD has contacted Richneck Elementary School for comment.
Zwerner was released from the hospital in February and told NBC on March 21: "I remember him pointing the gun at me, I remember the look on his face.
"I remember the gun going off. I was terrified. In that moment, my initial reaction was, ‘Your kids need to get out of here. This is not a safe classroom anymore'.”
Anish Vij