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Prominent Hampton Roads lawyer joins Abby Zwerner's legal team

Jeffrey Breit with the Breit Biniazan law firm confirmed to 13News Now that he is representing Abby Zwerner in partnership with the Toscano Law Group.

NEWPORT NEWS, Va. — Virginia personal injury law group Breit Biniazan is joining the legal team representing Abby Zwerner, the Richneck Elementary teacher who was shot by her 6-year-old student in Newport News in January.

Prominent Hampton Roads lawyer Jeffrey Breit, a partner at the firm, confirmed to 13News Now on Tuesday that he is representing Zwerner in partnership with the Toscano Law Group. He would not make further comment on the arrangement and directed all questions to Toscano Law Group.

13News Now reached out to Toscano Law Group for comment on what this arrangement could mean for their anticipated lawsuit against Newport News Public Schools. Diane Toscano, the firm's founder, sent the following back:

“As we approach the filing of the lawsuit and the case moves into the next stage, I’ve been building a top-notch legal team of attorneys and experts to fight for justice for Abby Zwerner and to hold accountable those who failed to prevent this tragedy. Jeff Breit and the team at Breit Biniazan are tremendous lawyers that I have added to our legal team. We know how closely watched this situation is around the nation, and we are laser focused on this case.”

Breit specializes in personal injury lawsuits and has been involved in a number of high-profile cases across the region. 

He was one of the attorneys who represented Temika Pleas in a lawsuit against the City of Portsmouth. She lost her husband and sustained brain injuries in a car crash that happened during a police pursuit. The city gave her $11 million in a settlement last year.

In 2019, he was appointed to manage the Virginia Beach Tragedy Fund and distribute $4.5 million to victims of the 2020 mass shooting.

Breit also was one of more than a dozen attorneys who went up against oil giant BP after the 2010 oil spill in the Gulf of Mexico.

Zwerner was hospitalized for nearly two weeks after she was shot in the chest and left hand by one of her students as she taught her first-grade class at Richneck Elementary School on January 6.

The shooting rattled the military shipbuilding community and sent shock waves around the country, with many wondering how a child so young could get access to a gun and shoot his teacher.

In the weeks following the shooting, Zwerner's lawyer, Diane Toscano, filed a letter of intent to sue Newport News Public Schools. In the letter, Toscano laid out a detailed timeline of what happened on the day of the shooting and accused school administrators of failing to act, disregarding safety concerns about the student by several school employees before the shooting. 

Toscano's letter specifically names Richneck's former assistant principal, Dr. Ebony Parker, as the administrator who was warned about the student having a gun at the school on the day of the shooting. 

The letter also describes a history of behavioral problems the boy had at the school.

Earlier this month, top Newport News prosecutor Howard Gwynn said his office will not criminally charge the boy because he wouldn’t understand the legal system and what a charge means. Gwynn has yet to decide if any adults will be charged.

The boy had fired his mother's gun, which police said was legally purchased. An attorney for the boy’s family has said that the firearm was secured on a closet shelf and had a lock on it.

The Associated Press contributed to this report.

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