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Lamb v. Salvage Disposal Company of Georgia5/25/2000
Matthew K. Lamb appeals from the trial court's order granting the motions to dismiss or for summary judgment of Salvage Disposal Company of Georgia (Sadisco) and State Farm Mutual Auto Insurance Companies (State Farm). Because the trial court reached the proper decision, we affirm.
In reviewing the grant or denial of summary judgment, we apply a de novo standard of review and view the evidence with all reasonable inferences and conclusions in favor of the party opposing summary judgment. Goring v. Martinez, 224 Ga. App. 137, 138 (2) (479 SE2d 432) (1996). When so viewed, the evidence presented showed that on March 9, 1996, Sally A. Soggs' vehicle, insured by State Farm, collided with a car Lamb was driving. Lamb's 1987 Honda CRX sustained severe front end damage, including a bent steering wheel, broken windshield, and dashboard damage. Chadwick's Wrecker Service towed the damaged vehicle to Chadwick's lot in Columbus. State Farm determined that this 1987 Honda CRX which had more than 177,000 miles was a total loss. While settlement negotiations were pending, State Farm arranged for Sadisco to tow the vehicle from Chadwick's to a salvage yard in Atlanta belonging to Sadisco.
Lamb sued Soggs for the property damage to his vehicle and for damages for personal injuries. A jury awarded $26,461.39 in damages to Lamb in that litigation. Lamb brought a separate suit for conversion against State Farm in the Superior Court of Muscogee County. Lamb alleged that State Farm had arranged for his vehicle to be moved from Columbus to Atlanta without his permission, a claim vigorously repudiated by State Farm. In suing State Farm for conversion, Lamb sought general damages, punitive damages, costs, interest and attorney fees. After State Farm won a directed verdict on all issues except the purported conversion of the vehicle, Lamb voluntarily dismissed the action. Lamb, however, appealed the directed verdict. In Lamb v. State Farm &c;Ins. Co., 240 Ga. App. 363 (522 SE2d 573) (1999), we affirmed the trial court's ruling.
While Lamb's appeal was pending, Lamb instituted litigation in the Superior Court of Fulton County on March 16, 1998. In this suit, Lamb again sued State Farm for conversion but added Sadisco as a defendant. Lamb alleged that the defendants "unlawfully seized, detained and converted to their own use" his 1987 Honda CRX. Lamb sought $4,500 in general damages for the value of the Honda, punitive damages, interest, costs, and attorney fees. In responding to Sadisco's interrogatories, Lamb claimed that OCGA ยง 44-12-150 et seq. applied and that his "damages are based on the value before the conversion and the value after the conversion."
Sadisco and State Farm filed separate motions to dismiss or in the alternative for summary judgment. In its motion, Sadisco claimed that because a State Farm representative had instructed it to move Lamb's vehicle and since it acted only as State Farm's agent, it was in lawful possession of the vehicle. Sadisco further contended that no genuine issue of material fact existed about any intentional breach on its part of any duty to Lamb. The trial court agreed and awarded summary judgment to Sadisco.
Noting that the Superior Court of Muscogee County had directed a verdict in favor of State Farm on Lamb's claims for punitive damages, attorney fees, and expenses of litigation, the trial court dismissed those claims. The court also decided Lamb's "prayer for general relief ($4,500.00 for value of the car) must be DISMISSED as the Plaintiff has already received compensation for the value of the vehicle in the January 7, 1998, jury verdict (in his Muscogee County personal injury case)." The court noted, "[Lamb] is not allowed a
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