Hart v. Walker., 347 Ga. App. 582

Hart rented a room from Walker under a bi-weekly payment agreement; after an argument over late rent, Walker told Hart to vacate and changed the locks.
Hart found some belongings moved outside and claimed several items (tools, clothing, eyeglasses, diamond ring) were missing.
Hart sued Walker for wrongful eviction, conversion, and trespass; trial court granted partial summary judgment on liability and reserved damages for an evidentiary hearing.
At the hearing Hart testified about lost items, presented a forensic appraiser’s valuation, and offered a single motel receipt; Walker disputed ownership of some items and denied knowledge of tools in the house.
The trial court found Hart did not meet his burden to prove ownership or loss of items and therefore awarded no compensatory damages; it also did not award punitive damages.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Hart proved actual/compensatory damages by a preponderance	Hart testified to ownership and loss of specific items and presented an appraiser valuation plus a motel receipt	Walker disputed ownership/possession and the trial court should credit her testimony and the lack of documentary proof	Trial court did not clearly err: Hart’s credibility/findings were for the factfinder; absence of proof of ownership/loss meant no damages awarded
Whether the court erred by not ruling on punitive damages	Hart argued punitive damages were warranted	Walker argued punitive damages require an award of actual/compensatory damages first	Court correctly declined punitive damages because none of the actual/compensatory damages were awarded; punitive damages are only additional when compensatory damages exist

Washington v. Harrison, 299 Ga. App. 335 (affirming deference to trial court factfinding and credibility assessments)
Zwiren v. Thompson, 276 Ga. 498 (explaining preponderance of the evidence standard)
Martin v. Martin, 267 Ga. App. 596 (punitive damages unavailable where no compensatory damages are awarded)