The Court of Appeals of Georgia has denied a defendant's application for interlocutory appeal in Baratian v. Strickland, Case No. A26I0187, leaving intact a State Court of Gwinnett County ruling in favor of the plaintiff. The decision, announced by North Atlanta Injury Law PC, means that a personal injury case arising from an August 2023 rear-end collision in Gwinnett County can proceed to resolution. The matter was subsequently resolved, though terms are not disclosed.
The case centered not on liability but on the timeliness of service. The defendant was cited at the scene of the collision, and his defense focused on whether he had been served quickly enough. He filed a motion for summary judgment and then sought interlocutory review from the Court of Appeals. Under Georgia law, once a defendant raises a service defense after the statute of limitation has expired, the plaintiff must show she exercised the greatest possible diligence in perfecting service. This is a demanding standard that often ends meritorious cases before any court reaches the facts.
Following a March 2026 hearing, the State Court of Gwinnett County rejected the motion. The court found that "Plaintiff's evidence demonstrates that Plaintiff exercised the greatest possible diligence, such that service after expiration of the limitations period relates back to the timely filing of Plaintiff's complaint." The defendant then sought interlocutory review. On May 6, 2026, the Court of Appeals denied the application, leaving the trial court's ruling undisturbed.
The implications of this ruling are significant for personal injury plaintiffs in Georgia. It reinforces that a documented, systematic approach to service can satisfy the rigorous "greatest possible diligence" standard, even when a defendant's evasion and a near-statute-of-limitation filing create obstacles. The decision also underscores that appellate courts may decline to second-guess trial courts on fact-intensive service issues, preserving a plaintiff's day in court.
According to the firm, the defendant had recently moved into a subdivided residence near an out-of-state university, where he had been living for only a few weeks when suit was filed. Asked directly for his address so he could be served, he provided a street number without the unit designation. Certified mail came back with a postal notice indicating no authorized recipient was available. In response, the firm ran two authorized methods of service concurrently: statutory service through the Georgia Secretary of State under the Nonresident Motorist Act, and personal service through the sheriff's office in the county where the defendant was living. The firm documented work on service every business day from the date of filing until service was confirmed.
"The defense didn't dispute that their client caused the impact," said Travis J. Little, principal attorney at North Atlanta Injury Law. "Their defense was focused on the calendar. Our answer to that was a record of exactly what we did, every business day, until service was perfected — and the court found it sufficient."
North Atlanta Injury Law PC is a personal injury firm based in Milton, Georgia, representing individuals and families in automobile and trucking collisions, premises liability, product liability, nursing home negligence, and wrongful death matters throughout the state.
