NEWPORT NEWS, Va. — A Newport News judge decided Abby Zwerner's $40-million civil lawsuit against Newport News Public Schools will go forward, for now.
Attorneys representing the school division asked the judge to not only push the trial date back, but to delay the discovery process for the civil lawsuit. Judge Matthew Hoffman denied both motions on Thursday telling the defense: "We can't keep leap-frogging this case."
Annie Lahren, representing the Newport News School Board, argued the civil case is too close to the criminal trial slated for former Richneck Elementary School Assistant Principal, Ebony Parker, which is set to begin in February.
Parker is facing eight counts of child abuse with disregard for life. Zwerner's attorneys say Parker disregarded teachers on at least three separate occasions that a 6-year-old boy brought a gun to school, and that the child later shot Zwerner in her classroom with that gun.
Attorneys with the school division argued Parker has the right to not incriminate herself, there is still the issue of sovereign immunity for the courts to decide, and that if a trial goes forward as it stands that it could lead to Parker being 'prejudiced.'
It's something Jeffrey Breit, an attorney with Zwerner's legal team, called it 'a calculated move,' by the defense.
"It just seemed awful convenient for the school board and the assistant principal to move it right after the civil trial and then walk into this court today and say 'oh god we will be prejudiced because it's a month later," said Breit. "You all make the decision on that, I'm suspicious."
Lahren and others vehemently denied Breit's statement, and said they did not collude with Parker's criminal attorney about any trial dates. They also denied any claims that they were 'starving Zwerner out,' because she could sign a worker's compensation waiver today and get money if she drops her case against the school division.
Judge Hoffman went on to schedule a hearing in October that will determine the defense's stance on sovereign immunity in regards to this case.
In a statement to 13News Now, Annie Lahren wrote:
“We are pleased that the Court has scheduled a specific date for our plea of sovereign immunity on behalf of the School Board for October. We strongly believe that both the Board and former superintendent are immune from this suit as a matter of law. Matters concerning scheduling in this case can be further addressed after a final disposition of sovereign immunity by the Virginia Supreme Court, which directly reviews rulings on such issues by statue.”
Breit said his client looks forward to bringing this civil lawsuit forward to court and having her day for justice.
