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, resolves a dispute over whether the plaintiff had been served quickly enough after a 2023 rear-end collision in Gwinnett County.
The case began with an August 2023 crash. The defendant was cited at the scene, and his defense did not dispute that he caused the impact. Instead, he focused on the timing of service. 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. That demanding standard often ends meritorious cases before any court reaches the facts.
The defendant filed a motion for summary judgment and then sought interlocutory review from the Court of Appeals. 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 applied to the Court of Appeals. On May 6, 2026, the appellate court 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 service challenge was complicated by the defendant's recent move to a subdivided residence near an out-of-state university, where he had been living just 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 appellate court's denial means the trial court's finding stands, allowing the plaintiff's case to proceed without further delay on the service issue. The ruling underscores the importance of diligent service efforts and thorough documentation, particularly when defendants challenge service after limitations periods expire. For personal injury plaintiffs, the decision reinforces that meticulous adherence to procedural rules can preserve otherwise valid claims.
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.
