Tort: Woman owes ex-husband almost $1,000 for trespass and conversion claims

Where a woman entered the house of her ex-husband without his consent, he was awarded $797.88 for a lost key fob and passport and $200.00 for the damage to his property.

Background

Kristy Acord, accompanied by sheriff’s deputies, entered the home of her ex-husband, Adam Armstrong, without his consent during a domestic dispute to retrieve her belongings. During this encounter, Armstrong alleged that his passport and car key fob went missing.

The court previously granted Armstrong summary judgment as to liability on two counts: common-law trespass and conversion. On March 11, 2025, the case proceeded to a bench trial limited to the issue of damages as to those two counts. Based on the trial evidence, the court issues this memorandum opinion, which constitutes its findings of fact and conclusions of law pursuant to Federal Rule of Civil Procedure 52(a).

Property

Three items of property were identified as either damaged or missing as a result of the incident. First, the screen on Armstrong’s storm door was damaged when Acord cut it open to gain entry into Armstrong’s home. Second, the key fob to Armstrong’s Infiniti SUV went missing following the incident. Third, Armstrong’s passport was also missing after the incident.

The court finds that Armstrong is entitled to limited damages and specifically is entitled only to damages for the missing key fob and passport and for damage to his home’s screen door. The court finds the appropriate amounts to be $652.88 for the key fob, $145.00 for the passport and $200.00 for repair and rekeying of the doors.

Emotional distress

Armstrong called Ginger Neff, a certified trauma specialist and licensed professional counselor in Virginia, with twelve years of experience, to testify on his behalf. Neff opined that Armstrong suffers from Post-Traumatic Stress Disorder, or PTSD, as a result of the June 9, 2017, trespass.

Neff’s opinion fails to account for significant evidence that contradicts her conclusions. Moreover, her opinion was based only on the initial intake meeting and accompanying assessments, conducted over seven years after the incident in question and right before the bench trial. For these reasons, the court gives no weight to Neff’s expert opinion that Armstrong suffers from PTSD as a result of the June 9, 2017, trespass.

In addition to his own testimony, Armstrong called on his pastor, Josh Shifflett, and friend, LaToya Russell, to testify to his changed behavior as a result of the June 9, 2017, trespass. The court finds Shifflett to be a credible witness. However, his testimony does not establish that any change in Armstrong’s behavior resulted from the trespass. And the version of Armstrong that Russell knew previously dates back roughly 18 years (or at least 10 years), whereas the version she knows now reflects his demeanor as of three years before trial—well after the events surrounding the June 9, 2017, trespass. Accordingly, the court gives no weight to Russell’s opinion that Armstrong’s behavioral changes resulted from the June 9, 2017, trespass.

Finally the court finds that any emotional or behavioral changes in Armstrong are more likely the cumulative result of his turbulent and volatile relationship with Acord, along with other prior significant stressful events in his life, rather than the trespass alone. And the court gives little weight to Armstrong’s testimony that his charitable giving has decreased and that he moved from his prior residence due to mental anguish resulting from the June 9, 2017 trespass.

The evidence demonstrates that Armstrong continued to contribute his time and resources well after 2017. Furthermore, the court finds it more likely that any reduction in his charitable giving, if it occurred, is attributable to his investment in constructing a multi-million-dollar home rather than to the alleged emotional distress stemming from the trespass. The court therefore finds that Armstrong is not entitled to emotional distress damages and declines to award such relief.

Punitive damages

Acord did not act with malice when she trespassed Armstrong’s home on June 9, 2017. Her motivation to enter the home was to retrieve her work laptop, which was required for her to perform her work duties for Sentara Health, and to obtain clothing for herself and her daughter Chazlyn. She called police to deescalate the situation, as her relationship with Armstrong was volatile.

Conclusion

The court will award Armstrong $797.88 on his conversion claim relating to the key fob and passport, and $200.00 on his trespass claim for the damage to his property.

So ordered.

Armstrong v. Acord, Case No. 5:19-cv-00040, Nov. 5, 2025. WDVA at Harrisonburg (Dillon). VLW 025-3-458. 24 pp.