Clyde Hayward Chapman claims the trial court erred when it modified the substance of a jury verdict by directing that the jury’s award of punitive damages in his favor be stricken, and by entering judgment on the remaining portion of the verdict. Because the trial court correctly ruled Chapman was not legally entitled to punitive damages, and that the illegal portion of the verdict was separable from the legal portion, we find no error and affirm. Chapman sued Reliford Clark, Jr. claiming that Clark wrongfully converted construction equipment known as a “953 Caterpillar tractor,” which was owned by Concorde, Inc. Chapman brought the claim instead of Concorde because Concorde assigned its rights to the claim to Chapman. Based on the conversion claim, Chapman sought possession of the equipment, loss of rental value, attorney fees and expenses of litigation, and punitive damages.
During the trial, the trial court ruled that Chapman was not entitled to punitive damages. Chapman does not dispute this ruling because the punitive damages claim was based on rights he received by assignment from Concorde, and “a right to punitive damages cannot be assigned.” Canal Indem. Co. v. Greene , 265 Ga. App. 67, 73 593 SE2d 41 2003. Nevertheless, when the case was submitted to the jury, the trial court mistakenly instructed the jury that it could find Chapman was entitled to punitive damages, and the special verdict form given to the jury included a section for the jury to determine whether Chapman was entitled to punitive damages. The jury returned a verdict finding that Chapman was entitled to possession of the equipment; that no rental value was owed; that Chapman was not entitled to attorney fees and expenses of litigation; and that Chapman was entitled to the award of punitive damages.
