A Virginia jury has awarded $10 million to former first-grade teacher Abby Zwerner, bringing long-awaited justice in a case that has drawn national attention. Our team at Breit Biniazan – Trial Lawyers, is proud to stand beside Abby as she continues to move forward after a trauma that never should have happened.
This verdict affirms what the evidence made clear: the shooting was avoidable. Multiple warnings were raised by school staff on the morning of January 6, 2023, and those warnings were ignored.
Abby was shot in the hand and chest by a 6-year-old student who brought his mother’s 9mm pistol to school. The bullet passed through her hand before entering her upper body, where it remains today. Abby later testified that she believed she was dying as she struggled to get her students to safety.
During the trial, jurors heard from teachers and specialists who reported—on four separate occasions—that the child might have had a gun with him that day. Each report went to then–assistant principal Ebony Parker.
No search was conducted. No steps were taken to locate the weapon. The student’s backpack was never checked.
The jury’s decision confirms that Parker’s lack of action rose to the level of gross negligence. The panel of three men and four women deliberated for six hours before returning their verdict: Abby was owed $10 million in damages, plus interest.
Jurors saw what the testimony showed—credible reports came in from trusted staff, yet the school’s response didn’t meet the urgency of the situation.
As Abby’s attorney, Kevin Biniazan, told the jury during closing arguments:
“You cannot stick your head in the sand and then come into court and say ‘I didn’t have the information’ when it was your job to find it.”
The guidelines were clear. The threat was specific. And there were multiple chances to act.
Throughout the trial, staff members shared what they witnessed that morning:
The weapon was not removed from the child until after he shot Abby in her classroom.
These warnings reflected not rumors or assumptions—but urgent statements from the very people tasked with protecting the safety of students and teachers.
What this jury recognized is that this tragedy could have been stopped. The safety of students and educators is built on trust—trust that school leadership will respond when danger is reported. That trust was broken on January 6.
This verdict sends a message not only to Abby but to schools across the country: when someone raises a concern about a possible threat, action must be taken.
Our attorneys at Breit Biniazan remain steadfast in our commitment to fighting for individuals and families harmed through preventable acts of negligence. Abby’s strength and resolve have been remarkable, and it has been an honor to stand beside her.
If you or someone you love has been harmed due to the negligence of an institution or individual, our team is ready to help you pursue justice.
