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 can proceed to resolution, despite the defendant's aggressive effort to have it dismissed on procedural grounds.
The case centered not on who caused the crash—the defendant was cited at the scene and did not dispute fault—but on whether the plaintiff had served him quickly enough. 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.
After a March 2026 hearing, the State Court of Gwinnett County rejected the defendant's motion for summary judgment, 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 strategy focused on the calendar, according to Travis J. Little, principal attorney at North Atlanta Injury Law. "The defense didn't dispute that their client caused the impact," Little said. "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 challenge stemmed from the defendant's recent move to a subdivided residence near an out-of-state university, where he had been living for only 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. 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 appellate court's denial means the trial court's finding stands, allowing the plaintiff's case to move forward. The ruling underscores the importance of meticulous documentation in service disputes, particularly when defendants attempt to evade service. It also reinforces that Georgia courts will uphold a plaintiff's diligent efforts even when service occurs after the statute of limitations has run, provided the plaintiff can demonstrate the highest level of diligence.
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.
