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Lamb v. Salvage Disposal Co. of Ga.

Because the plaintiff's car was totaled in an accident, he suffered no damages from the defendants' alleged conversion of the totaled car when they had it towed to a salvage yard.

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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.

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