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Lamb v. Salvage Disposal Company of Georgia5/25/2000
ar in March 1996 as Lamb claims, the evidence indisputably established that the vehicle was returned to Lamb before trial. Even further assuming the measure of damages was the diminution in value of this 1987 Honda CRX between March 1996 and March 1997, the amount in damages is zero. Campbell, supra. Before the alleged conversion, the car had sustained severe body damage in excess to the vehicle's fair market value. No evidence suggested otherwise. Thus, in March 1996 at the time of the alleged conversion, the Honda was a total loss, and in March 1997, it was still a total loss. Since the only claim remaining against State Farm is the amount, if any, of damages for the alleged conversion, and those damages are zero, State Farm was entitled to judgment as a matter of law. See id.; see also Bowling v. Gober, 206 Ga. App. 38, 39 (3) (424 SE2d 335) (1992) (when insurer fully satisfies automobile damages claim, law will not allow a double recovery).
Lamb also contends that Sadisco was not entitled to benefit from the directed verdict obtained by State Farm on the issues of punitive damages, costs, and attorney fees. He asserts that a jury must resolve the issue of conversion and the amount of damages he can recover from Sadisco.
Lamb's argument overlooks the fact that OCGA § 13-6-11 does not create an independent cause of action but merely permits in certain limited circumstances the recovery of the expenses of litigation incurred as an additional element of damages. Brown v. Baker, 197 Ga. App. 466, 467 (2) (398 SE2d 797) (1990). Similarly, punitive damages are not recoverable unless general damages have been awarded. Mayfield v. Ideal Enterprises, 157 Ga. App. 266, 267 (1) (277 SE2d 62) (1981). Since Lamb cannot establish under OCGA § 44-12-150 et seq., any amount of damages for the alleged conversion of his vehicle, he cannot obtain the other relief he seeks. See Connors, supra, 195 Ga. App. at 607 (2) (return of vehicle can disprove essential element of trover action). Accordingly, we find that Sadisco was entitled to judgment as a matter of law. See Rent-A-Tool Co. v. Jackson, 142 Ga. App. 781 (237 SE2d 14) (1977) (no theory of recovery authorizes the return of the object plus its market value as damages).
Judgment affirmed. Ruffin, J., concurs. Ellington, J., concurs in the judgment only.
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