MILTON, GA – 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 that found a plaintiff exercised the “greatest possible diligence” in perfecting service. The decision, announced by North Atlanta Injury Law PC, allows the plaintiff’s case to proceed and underscores the critical role of service of process in personal injury litigation.
The case stems from an August 2023 rear-end collision in Gwinnett County. The defendant was cited at the scene, and his defense centered not on liability but 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 demonstrate the greatest possible diligence in perfecting service—a demanding standard that often ends meritorious cases before trial.
After a March 2026 hearing, the State Court of Gwinnett County rejected the defendant’s motion for summary judgment, finding that the plaintiff’s evidence showed she exercised the greatest possible diligence, allowing service after the limitations period to relate back to the timely filing of the complaint. The defendant then sought interlocutory review, which the Court of Appeals denied on May 6, 2026. The matter was subsequently resolved, with terms not disclosed.
According to North Atlanta Injury Law PC, the defendant had recently moved into a subdivided residence near an out-of-state university, where he had been living for only weeks when the suit was filed. When asked for his address for service, he provided a street number without the unit designation, and certified mail returned 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 lived—and documented work on service every business day from 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.”
The ruling matters because it reinforces the evidentiary burden plaintiffs face when service is challenged after the statute of limitation expires. It also highlights how thorough documentation of service efforts can preserve a case that might otherwise be dismissed on procedural grounds. For injury victims, the outcome serves as a reminder that even seemingly technical defenses can derail a claim without diligent legal representation.
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.
