NEWPORT NEWS, Va. (WAVY) — Former Richneck Elementary School teacher Abby Zwerner’s $40 million lawsuit, filed after she was shot by one of her students, will be heading to trial.

However, now, only one person will be facing a jury.

Thursday, Newport News Circuit Court Judge Matthew Hoffman dismissed former superintendent Dr. George Parker and Richneck Elementary School principal Brianna Foster Newton from the case, saying allegations of simple negligence are protected by sovereign immunity.

And while the ruling states that former vice principal Ebony Parker “enjoys sovereign immunity for claims of simple negligence, she is accused of gross negligence, and the judge said that is not covered by sovereign immunity.

The Newport News School Board was dismissed from the case last month.

Zwerner’s attorneys issued a statement on the judge’s decision.

“Abby Zwerner’s catastrophic injuries will now be addressed by a Newport News jury. The trial judge has correctly ruled that the assistant principal must face the consequences of her grossly negligent dereliction of duty that resulted in Abby’s life being forever altered. We look forward to having the jury listen to the evidence and awarding appropriate damages for an incident that was avoidable and caused by the school administration’s failures on that fateful day.”

— Attorneys Diane Toscano and Jeffrey Breit

The case is set for October.

See a copy of the judge’s order below: