NEWPORT NEWS, Va. (WAVY) — A judge heard a series of motions Wednesday in the lawsuit filed by Abby Zwerner, the Newport News teacher who was shot by her six-year-old student in January 2023.

The case against the Newport News School Board was dismissed last week following a recent Virginia Supreme Court ruling that school boards are protected by sovereign immunity and cannot be sued in this type of case.

That decision leaves three individual defendants: former superintendent Dr. George Parker, former Richneck Elementary School principal Brianna Foster Newton, and former assistant principal Ebony Parker.

All three are seeking dismissal from the case, arguing they are entitled to sovereign immunity as individuals acting within their professional discretion.

Their attorneys also filed motions for summary judgment, which means they are asking the judge to end the case early in their favor based on the current facts without going to trial – this was denied. 

However, Zwerner’s legal team argues that sovereign immunity does not apply in cases of gross negligence. 

Zwerner’s attorney, Diane Toscano, tells 10 On Your Side: “This should go in front of a jury because this comes down to whether or not the defendants committed what’s called gross negligence. And those are facts that a jury needs to determine.”

Virginia courts traditionally leave questions of gross negligence to a jury rather than ruling on them at the summary judgment stage, as explained by Zwerner’s team.

According to Zwerner’s legal team, George Parker and Brianna Newton have stated they were unaware of the situation on the day of the shooting and argue they should not be held liable. Ebony Parker has made no such claim of ignorance but is requesting to be removed from the lawsuit regardless.

All three defendants are also requesting a continuance, citing the ongoing criminal proceedings related to the case. However, a similar request was previously denied, and Virginia statute specifies that a pending criminal case is not grounds for delaying a civil matter. 

The civil case is currently scheduled to move forward this fall.

“Abby, of course, is very much looking forward to seeing a jury of seven and a bunch of Newport News citizens ruling on the merits of this case,” said Attorney Jeffrey Breit.