Imm v. Chaney

Phipps, Judge.

Patrick Imm was assisting Michael Chaney in erecting a wooden fence in Chaney’s yard when Chaney accidentally injected a nail into Imm’s foot. Imm sued Chaney for negligence, seeking compensatory damages for a disabling injury. Chaney answered the complaint, asserting that negligence attributable to Imm was greater than or equal to any negligence by Chaney. Imm later amended his complaint to seek punitive damages based on the claim that Chaney’s actions had showed a want of care which would raise the presumption of conscious indifference to consequences.1 The jury returned a…