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

[Tricia]

I would like to personally invite you to our livestream tonight at 10:30 PM Eastern as we discuss teacher Abigail Zwerner's civil trial. We have a Websleuths member who is attending the trial and will join us in our chat tonight. CLICK THIS LINK at 10:30 PM Eastern tonight!

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[BetteDavisEyes]

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.

I've been reading posts here and news items about the trial but have not watched any testimony. Has there been any mention of Ms. Zwerner undergoing physical and/or occupational therapy to improve dexterity in her injured hand? I agree with your comments about cosmetology school following a serious hand injury, but I'm willing to consider that intense therapy may have restored dexterity in her hand.

 

[mickey2942]

I've been reading posts here and news items about the trial but have not watched any testimony. Has there been any mention of Ms. Zwerner undergoing physical and/or occupational therapy to improve dexterity in her injured hand? I agree with your comments about cosmetology school following a serious hand injury, but I'm willing to consider that intense therapy may have restored dexterity in her hand.

Based on the testimony I saw from the hand surgeon, it didn't seem like she had very much function for ADL activities in that hand. It is her left hand, and she stated problems with grasping, holding, using left hand, and pain from scar tissue.

Which contradicts with going to cosmetology school. And using that hand for fine motor tasks.

 

[PrairieWind]

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.

I said work comp because you comments follow a workers comp assessment of her capabilities. I certainly can't say how Virginia works, but here, I think her testimony and cosmo schooling boosts her case. She clearly isn't sitting on the couch waiting for a paycheck. She has determined she can't teach anymore (justified by what happened) and so is seeking schooling for something else. It does NOT mean she will succeed in that career. But she is trying. And that should be respected. Her actual damages, her medicals and related costs (her special damages) are what they are. It almost doesn't matter. Her economic damages will be presented by an expert. Again, no guarantee she can complete her cosmo certification or what actual work she is seeking (full hair dresser, colorist, lots of options there). But she can show what she would have made as a teacher, WITH those benefits she will not have as a cosmetologist. The bulk of her damages seem to be punitive and pain and suffering and those just are what they are. She wanted to be a teacher, and lost her dream job in a shooting by a student. The emotional P&S is high and her actual physical P&S is high. The rest is punitive award, which is probably pointless now as an actual path of recovery. IF there is insurance in play, it wont pay those.

 

[Cryptic]

Looking at the other case- that of Ebony Parker.... It seems Parker is going to be emotionally and mentally beat down- day after day, witness after witness- then wind up losing in the end. Maybe her attorney could have given her more, well, practical advise (unless I am missing something(s)- which I probably am):

- Appearances at civil trials is voluntary So.... why even bother to show up for the civil trial at all? Spare yourself the beat downs. Let them get a default judgement (yawn.... you don't have 40 million dollars- right?).

- Lets say that they actually try to collect the judgement. Certain states have laws that make it very hard, or even de facto impossible to actually seize the property of ordinary residents. Are you a Cowboys fan (hint, wink, nod)?

- Not ready to switch team loyalty- yet? Courts are not debt collectors and don't really actively pursue collection (if "Z" even tries to collect). There are forums where people with uhmm... "debt concerns" discuss ways to make bank accounts and pay deposits very hard to legally locate. They also discuss ways to ensure that account is always near empty.

- You are likely going to be convicted of some criminal charges and then get fired- even from the safety of the local "Ed Shed." For generations, people with your type of debt "concerns" and your need to start over, have suddenly become Cowboys fans. Sure, Dem Boyz are having a bad season. But, don't let that deter you.....

 

[mickey2942]

We got a court judgement against this guy, the court garnishes his wages, and we get a check every so often.

But they don't take away property or anything else, just wages or unemployment benefits get garnished. And that is just state judgement, so it does not touch federal dollars. For that, you need to go to federal court to get it attached to federal tax rebates or social security benefits.

 

[Cryptic]

We got a court judgement against this guy, the court garnishes his wages, and we get a check every so often.

But they don't take away property or anything else, just wages or unemployment benefits get garnished. And that is just state judgement, so it does not touch federal dollars. For that, you need to go to federal court to get it attached to federal tax rebates or social security benefits.

Good illustration of how being awarded a judgement and actually collecting a judgement can be two different things.

As a side note...

In Cowboy land, Courts can only garnish wages for child support and back taxes. They cant garnish pursuant to a judgement. And.... a Cowboy homestead is beyond all legal limits. Double wide trailer, or a mega mansion, a homestead is a homestead.

In days of yore, people in nearby states with various kinds of Uhhmmm...."money problems" would tack up signs "Gone to Texas" as Texas has a long tradition of having debtor friendly laws.

The tradition still exists. For example, people trying to collect debts have complained that fraudulent transfers of properties that are creatively defined as "homesteads"- wink, nod, would be voided in other states. But... in Texas, the transfers are still protected by "Dem Boyz".

 

[airportwoman]

We got a court judgement against this guy, the court garnishes his wages, and we get a check every so often.

But they don't take away property or anything else, just wages or unemployment benefits get garnished. And that is just state judgement, so it does not touch federal dollars. For that, you need to go to federal court to get it attached to federal tax rebates or social security benefits.

I thought all the people involved in this story, except for the shooter, were women.

 

[Simply Southern]

Good illustration of how being awarded a judgement and actually collecting a judgement can be two different things.

As a side note...

In Cowboy land, Courts can only garnish wages for child support and back taxes. They cant garnish pursuant to a judgement. And.... a Cowboy homestead is beyond all legal limits. Double wide trailer, or a mega mansion, a homestead is a homestead.

In days of yore, people in nearby states with various kinds of Uhhmmm...."money problems" would tack up signs "Gone to Texas" as Texas has a long tradition of having debtor friendly laws.

The tradition still exists. For example, people trying to collect debts have complained that fraudulent transfers of properties that are creatively defined as "homesteads"- wink, nod, would be voided in other states. But... in Texas, the transfers are still protected by "Dem Boyz".

Virginia actively collects judgements through the court system.
Bankruptcy is another option, however assets are liquidated.
Moo ....

 

[Lilibet]

We got a court judgement against this guy, the court garnishes his wages, and we get a check every so often.

I thought all the people involved in this story, except for the shooter, were women.

I think Mickey2942 was referring to a court judgement they personally got, not this case.

JMO

 

[Cryptic]

Virginia actively collects judgements through the court system.
Bankruptcy is another option, however assets are liquidated.
Moo ....

Thanks, another indication that the "Gone to Texas" practices of past generations with money problems still hold true.

As a side note......

Texas judges will quickly order non exempt property seized- well, at least if it is found, and presented to the Court
But, they evidently do not get very involved in finding non exempt property to seize.

Rather, as one Texas attorney puts it, forcing a uhhmm....."non cooperative" Texas defendant to fully disclose their assets can be "expensive, time consuming, frustrating and fruitless".

 

[Miss Poovy]

Thanks, another indication that the "Gone to Texas" practices of past generations with money problems still hold true.

As a side note......

Texas judges will quickly order non exempt property seized- well, at least if it is found, and presented to the Court
But, they evidently do not get very involved in finding non exempt property to seize.

Rather, as one Texas attorney puts it, forcing a uhhmm....."non cooperative" Texas defendant to fully disclose their assets can be "expensive, time consuming, frustrating and fruitless".

The judgement would be paid by the Virginia Risk Sharing Fund per this article:

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

 

[Cryptic]

The judgement would be paid by the Virginia Risk Sharing Fund per this article:

Thanks. It looks like there is a deep pocket in the lawsuit.

Now that you presented this, I remember reading that one town emphasized that a modest settlement being paid to former city employee was not being paid via public funds. Rather, it was being paid by a city insurance policy.

Going back to deep pockets.... The article mentioned that the Virginia RIsk Sharing would pay "on paper". This could be a caveat referring to the possibility of policy limitations and perhaps limitations on what actions are covered by the policy.

But... from the plaintiff's point of view, even a relatively deep pocket is better than no deep pocket.

 

[Serononin]

Based on the testimony I saw from the hand surgeon, it didn't seem like she had very much function for ADL activities in that hand. It is her left hand, and she stated problems with grasping, holding, using left hand, and pain from scar tissue.

Which contradicts with going to cosmetology school. And using that hand for fine motor tasks.

I don't know what kind of cosmetology she's doing exactly, but interestingly there are a few professional hairstylists who are missing a hand entirely (for example), so it seems to be a job that can be adapted in some aspects

 

[mickey2942]

I don't know what kind of cosmetology she's doing exactly, but interestingly there are a few professional hairstylists who are missing a hand entirely (for example), so it seems to be a job that can be adapted in some aspects

Anomalies can always be found.

The issue is, the doctor was testifying about her constant pain, scar tissue development, and lack of fine motor skill in the left hand. Abby herself, testified about things she could no longer do, like open a bottle of water, or medication bottles.

My point, is, if a person is testifying about a lifelong disability, that directly impacts activities of daily living, getting training as a cosmetologist, seems to be directly contradicting that testimony.

There are 10,000 other jobs for training, that would not be directly related to using a left hand consistently for tasks.

She is stating a lifelong disability and seeking damages for this, at the same time, demonstrating her injury is NOT a barrier to employment. That is a huge contradiction to me. MOO.

 

[Gators North]

Anomalies can always be found.

The issue is, the doctor was testifying about her constant pain, scar tissue development, and lack of fine motor skill in the left hand. Abby herself, testified about things she could no longer do, like open a bottle of water, or medication bottles.

My point, is, if a person is testifying about a lifelong disability, that directly impacts activities of daily living, getting training as a cosmetologist, seems to be directly contradicting that testimony.

There are 10,000 other jobs for training, that would not be directly related to using a left hand consistently for tasks.

She is stating a lifelong disability and seeking damages for this, at the same time, demonstrating her injury is NOT a barrier to employment. That is a huge contradiction to me. MOO.

I see what you’re saying and I agree. JMO.

 

[Lilibet]

Anomalies can always be found.

The issue is, the doctor was testifying about her constant pain, scar tissue development, and lack of fine motor skill in the left hand. Abby herself, testified about things she could no longer do, like open a bottle of water, or medication bottles.

My point, is, if a person is testifying about a lifelong disability, that directly impacts activities of daily living, getting training as a cosmetologist, seems to be directly contradicting that testimony.

There are 10,000 other jobs for training, that would not be directly related to using a left hand consistently for tasks.

She is stating a lifelong disability and seeking damages for this, at the same time, demonstrating her injury is NOT a barrier to employment. That is a huge contradiction to me. MOO.

BBM

As I understand it, this lawsuit is regarding Parker’s “gross negligence” that has had multiple effects on Zwerner’s life, not just in terms of employment. She does have a “lifelong disability” that affects more than employment. How the final reward gets divided is up to the jury. The jury may decide that she doesn’t get damages regarding future employment, but that the psychological and medical effects of the shooting are eligible for damages. On the other hand, they may take into account that she would have earned more as a teacher than at other jobs and allow for that.

AZ does not have to demonstrate that her injury is a “barrier to employment.” I doubt that she would have been given training as a cosmetologist if the school did not have ways for her to adapt to her injury. For example, she could do make-up with one hand. She could cut hair by strapping a comb to her bad arm/hand as the man in the article cited earlier does. That she didn’t let constant pain hold her back would not be held against her IMO.

I’m sure we all know that AZ will not receive anywhere near $40 million. Lawsuits are always for more than is hoped for. The truth is that Parker WAS grossly negligent and, whatever the reward, it’s important to have that proven in court.

Civil trial begins in $40 million lawsuit over 6-year-old student shooting teacher

The complaint alleges the school's assistant principal at the time failed to act after being informed multiple times that the student had a firearm.

abcnews.go.com

The teacher, Abby Zwerner, is seeking $40 million over the January 2023 shooting at Richneck Elementary School in Newport News, Virginia, according to the civil complaint.

The complaint alleges that the school's assistant principal at the time, Ebony Parker, failed to act after being informed multiple times that the student had a firearm on the day of the shooting and did not let anyone search him despite repeated requests.

The civil complaint alleges Parker acted with gross negligence and in "reckless disregard" for Zwerner's safety.

BBM

 

[PrairieWind]

Thanks, another indication that the "Gone to Texas" practices of past generations with money problems still hold true.

As a side note......

Texas judges will quickly order non exempt property seized- well, at least if it is found, and presented to the Court
But, they evidently do not get very involved in finding non exempt property to seize.

Rather, as one Texas attorney puts it, forcing a uhhmm....."non cooperative" Texas defendant to fully disclose their assets can be "expensive, time consuming, frustrating and fruitless".

Courts really don't ever help in finding assets for collection. Collection efforts are up to the Judgment creditor to conduct. Courts will issue garnishments or writs of execution or attachment but the creditor has to submit those after locating assets. And that is in any state. Getting a judgment is just half the battle sometimes.
I have worked with a couple of Texas attorneys to help collect on judgments against Texas debtors. If you can find assets, the Courts will issue writs. And while you can't garnish wages, you can garnish bank accounts. But, the inability to garnish wages is a big hindrance to collection.

 

[PrairieWind]

Thanks. It looks like there is a deep pocket in the lawsuit.

Now that you presented this, I remember reading that one town emphasized that a modest settlement being paid to former city employee was not being paid via public funds. Rather, it was being paid by a city insurance policy.

Going back to deep pockets.... The article mentioned that the Virginia RIsk Sharing would pay "on paper". This could be a caveat referring to the possibility of policy limitations and perhaps limitations on what actions are covered by the policy.

But... from the plaintiff's point of view, even a relatively deep pocket is better than no deep pocket.

I doubt that the risk sharing fund will pay any punitive or exemplary damages however.

 

[mickey2942]

https://www.cnn.com/2025/11/03/us/abby-zwerner-lawsuit-trial-what-we-know

This article has more information, apparently Ebony Parker resigned two weeks after the school shooting. That is interesting. Apparently, they have cut ties with her. I didn't realize this.