VA - Boy, 6, in custody after shooting teacher, Newport News, Jan 2023 *mom charged* #3

[mickey2942]

The suit against the District Superintendent and the Principal were thrown out.
Just the asst principal who ignored all the signs.
She does go to trial for 8 counts of Felony child neglect in the future (One for every bullet)

Court TV commentary today also noted that it is unusual for the civil trial to start before the criminal trial. I noted that as well.

 

[mickey2942]

The prosecution made a big deal that Abby Z. Went to a "Taylor Swift" concert. When her sister, Hannah was testifying about how her sister, Abby has changed.

Good grief, the girl went to a concert. Hannah explained it was a "Special Treat" to get her sister out of the house and out of her deep depression.

 

[Izzylizzy]

 

[Cryptic]

double post

 

[Cryptic]

My take on this bit of misinformation via the DM; is that Ms. Zwerner may have feared if she took worker's comp., the school district may have further 'screwed her over' -- to put it in layman's terms ?
As in: a settlement from the school district that would not have even begun to cover her medical, never mind the emotional trauma and harm to her career ?

if she took the comp so could not sue for the money she deserves.
That's my layman's understanding of it.

Evidently the lawsuit is getting complex, very complex.

First, the Court dismissed portions of the lawsuit directed against other school administrators. Though probably disappointing, they did not have the deep pockets.

But.... then negotiations with the deep pocketed School District apparently broke down to the extent that the District formally asserted their Sovereign Immunity and well, walked away.

The victim's attorney then appealed all the way to the Virginia Supreme Court- only to have them uphold that the District has Sovereign Immunity- should they want to use it. So, evidently the only person being sued today for 41 millions dollars is the school Principle, whose pockets are not deep.

I wish I knew what led to the break down of settlement negotiations. Did the District offer only workers comp- then absolutely refused to offer an additional settlement?

Or, did a lawsuit attorney conclude that he had finally gotten the "Jackpot" case, went for the prize of 41 million while betting that he could get a mega settlement with out the District falling back on Sovereign Immunity?

 

[mickey2942]

Evidently the lawsuit is getting complex, very complex.

First, the Court dismissed portions of the lawsuit directed against other school administrators. Though probably disappointing, they did not have the deep pockets.

But.... then negotiations with the deep pocketed School District apparently broke down to the extent that the District formally asserted their Sovereign Immunity and well, walked away.

The victim's attorney then appealed all the way to the Virginia Supreme Court- only to have them uphold that the District has Sovereign Immunity- should they want to use it. So, evidently the only person being sued today for 41 millions dollars is the school Principle, whose pockets are not deep.

I wish I knew what led to the break down of settlement negotiations. Did the District offer only workers comp- then absolutely refused to offer an additional settlement?

Or, did a lawsuit attorney conclude that he had finally gotten the "Jackpot" case, went for the prize of 41 million while betting that he could get a mega settlement with out the District falling back on Sovereign Immunity?

I don't know, but at some point, if this case wins, it is leverage to get cash from the school district. Some sort of settlement. I would guess that Parker is currently working where they put "bad" people they can't fire, they called it the "Ed Shed" where I used to work.

Where she does "important" tasks like reviewing text books, or development of curriculum.

 

[Simply Southern]

I am attaching the screen shot below of Abby and Ebony. I think Ebony should have had a stylist consultant. Her hair is pulled back so severely. So every single minute facial expression is highlighted. More hair in her face would have been a better look in my opinion. Something. She doesn't present well to me.

The hair pulled back is much improved from day one of the trial. She was swinging it around day one.

Moo...She seems to experience discuss when having to listen to the surgeon explain the injuries and treatments. Appears, to me.... complete denial, no expression of remorse, an arrogant attitude.

Moo...

 

[BetteDavisEyes]

Ex-educator failed Virginia teacher by not searching first-grader who had gun, expert testifies

A lawyer for the former assistant principal said no one could have predicted that a 6-year-old would bring a gun to school.

www.nbcnews.com

An education expert provided damning testimony Wednesday in the $40 million civil trial of a former assistant principal in Virginia accused of ignoring warnings before a 6-year-old opened fire in his classroom, injuring first grade teacher Abigail Zwerner.

Ann Shufflebarger, an expert on school administration called by Zwerner’s attorneys, testified that people alerted former assistant principal Ebony Parker four times to the gun they believed the student brought in a backpack.

Those interactions, Shufflebarger said, gave Parker “one more level of information, one more opportunity to do what’s needed for safety."

"There are many things that needed to be done, and none of those were done at that time."...

 

[Cryptic]

I don't know, but at some point, if this case wins, it is leverage to get cash from the school district. Some sort of settlement. I would guess that Parker is currently working where they put "bad" people they can't fire, they called it the "Ed Shed" where I used to work.

I think that would be a good tactic. Combine the likely civil win against Parker with any criminal win once she is whisked from the local "Ed Shed" into a criminal court.

Then...... make a new, but realistic presentation for increased cash from the Board. While Sovereigns in other states may write jackpot checks, the pertinent one in Virginia evidently does not. Unrealistic demands may lead to another walk away.

I would also consider a different attorney. Nobody knows the details regarding the negotiations breakdown. But... was the departure sudden? Or, did it come after warnings regarding max settlement amounts were ignored? In the end, formal assertions of Sovereign Immunity and total walk outs seem rare. That could suggest unrealistic expectations.

 

[shotgun09]

Abby Zwerner to take the stand after morning break.... Must watch.

 

[tlcya]

watching Abby's testimony now

 

[SluethinAway]

watching Abby's testimony now

You can definitely tell that this has affected every aspect of her life.

 

[BetteDavisEyes]

Abigail Zwerner testifies she thought she was dead or dying after being shot by 6-year-old student

The onetime first grade teacher says the school district failed to act on multiple warnings that the student had a gun.

www.nbcnews.com

A former Virginia teacher told civil jurors on Thursday she thought she was dead or about to die in the moments after she was shot by a 6-year-old boy at school two years ago.

Abigail Zwerner spoke slowly and at times struggled with her emotions, explaining how she was severely injured on Jan. 6, 2023, at Richneck Elementary in Newport News.

“I thought I was dying, I thought I had died,” she told the jury of three men and six women. “I thought I was on my way to heaven or in heaven. But then it all got black.”...

 

[mickey2942]

Abigail Zwerner testifies she thought she was dead or dying after being shot by 6-year-old student

The onetime first grade teacher says the school district failed to act on multiple warnings that the student had a gun.

www.nbcnews.com

A former Virginia teacher told civil jurors on Thursday she thought she was dead or about to die in the moments after she was shot by a 6-year-old boy at school two years ago.

Abigail Zwerner spoke slowly and at times struggled with her emotions, explaining how she was severely injured on Jan. 6, 2023, at Richneck Elementary in Newport News.

“I thought I was dying, I thought I had died,” she told the jury of three men and six women. “I thought I was on my way to heaven or in heaven. But then it all got black.”...

From your article, Abby went to cosmetology school? How can she do that with her hand injury? She really isn't helping herself by minimizing the extent of her injuries.

 

[na19]

I'm still watching Day 1 of the trial. I think Amy Kovac, the reading specialist, did an amazing job testifying!

 

[PrairieWind]

From your article, Abby went to cosmetology school? How can she do that with her hand injury? She really isn't helping herself by minimizing the extent of her injurie

It is a good point. I think the defense will harp on this. But I think she uses to show how she really is moving on trying to do new things. What she can with her hand I don't know, and don't know what she can and can't do in cosmetology. I think the key for the Plaintiff is that she isn't teaching anymore, a job with a good fixed salary and good benefits. The majority of the huge damages sought are punitive and pain suffering, which don't get whittled down too much by her pursuing a new career.

 

[mickey2942]

It is a good point. I think the defense will harp on this. But I think she uses to show how she really is moving on trying to do new things. What she can with her hand I don't know, and don't know what she can and can't do in cosmetology. I think the key for the Plaintiff is that she isn't teaching anymore, a job with a good fixed salary and good benefits. The majority of the huge damages sought are punitive and pain suffering, which don't get whittled down too much by her pursuing a new career.

Actually, it is huge. When you do an assessment of vocational functioning, this is part of the actuarial determination of salary and benefit loss.

Abby has now shown she is able and available for work, with enough hand coordination to attend cosmetology school. It wasn't a smart move. At this time, she should be highlighting lack of ability to participate in substantial gainful activity.

 

[PrairieWind]

Actually, it is huge. When you do an assessment of vocational functioning, this is part of the actuarial determination of salary and benefit loss.

Abby has now shown she is able and available for work, with enough hand coordination to attend cosmetology school. It wasn't a smart move. At this time, she should be highlighting lack of ability to participate in substantial gainful activity.

This isn't a work comp case.
And I guess I don't understand what you mean by "it wasn't a smart move?" What are you referring to?

 

[mickey2942]

This isn't a work comp case.
And I guess I don't understand what you mean by "it wasn't a smart move?" What are you referring to?

It doesn't matter if it is not a "workers comp" case. Abby Zwerner should be highlighting at this time, her inability to function.

If she doesn't have any problems with functioning, what is she requesting 40 million dollars for?

All it would be, is, lack of wages since last day of work, medical bills. Because, she really isn't entitled to loss of future earnings, because she demonstrates she can go back to work. "SGA", no disability for future earnings. That cuts any justification for the next 40 years of "pain and suffering". Especially, being a cosmetologist, that is nothing but fine motor skills 8 hours a day, so it negates everything the doctor just said about the lack of functioning in her hand.

 

[airportwoman]

Abigail Zwerner testifies she thought she was dead or dying after being shot by 6-year-old student

The onetime first grade teacher says the school district failed to act on multiple warnings that the student had a gun.

www.nbcnews.com

A former Virginia teacher told civil jurors on Thursday she thought she was dead or about to die in the moments after she was shot by a 6-year-old boy at school two years ago.

Abigail Zwerner spoke slowly and at times struggled with her emotions, explaining how she was severely injured on Jan. 6, 2023, at Richneck Elementary in Newport News.

“I thought I was dying, I thought I had died,” she told the jury of three men and six women. “I thought I was on my way to heaven or in heaven. But then it all got black.”...

TBH, I'm surprised her colleagues called 911 when this happened, and didn't just let her die.