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, highlights the critical importance of diligent service of process in personal injury litigation and the stringent standards plaintiffs must meet when a defendant challenges service after the statute of limitations has expired.
The case stems from an August 2023 rear-end collision in Gwinnett County, where the defendant was cited at the scene. Rather than disputing liability, the defendant focused his defense 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 limitations has expired, the plaintiff must demonstrate she exercised the "greatest possible diligence" in perfecting service. This demanding standard often ends meritorious cases before the facts are ever heard.
Following a March 2026 hearing, the State Court of Gwinnett County rejected the motion, finding 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, but on May 6, 2026, the Court of Appeals denied the application, leaving the trial court's ruling undisturbed. The matter was subsequently resolved, with terms not disclosed.
"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."
The defendant had recently moved into a subdivided residence near an out-of-state university, where he had been living just weeks when the suit was filed. When asked directly for his address so he could be served, he provided a street number without the unit designation, and certified mail came back with a postal notice indicating no authorized recipient was available. 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 — and documented work on service every business day from the date of filing until service was confirmed.
This ruling matters because it reinforces the evidentiary burden on plaintiffs to meticulously document their efforts to serve a defendant, especially when a defendant evades service or provides incomplete information. It also demonstrates that Georgia courts will uphold a finding of greatest possible diligence when the plaintiff can show a continuous, good-faith effort to perfect service. For personal injury victims, the case serves as a reminder that procedural missteps can derail otherwise valid claims, making the choice of experienced counsel crucial.
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.
