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 the case will proceed to resolution without further appellate review at this stage.
The case arose from an August 2023 rear-end collision in Gwinnett County. The defendant was cited at the scene. Rather than disputing liability for the crash, the defense focused on whether the defendant had been served with the lawsuit quickly enough. After the statute of limitation expired, the defendant moved for summary judgment, arguing that service was untimely. Under Georgia law, once a defendant raises a service defense after the limitations period has run, the plaintiff must show she exercised the "greatest possible diligence" in perfecting service—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 from 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's strategy hinged on the calendar, not the collision. "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 for only a few 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 Court of Appeals' denial of interlocutory review is significant because it reinforces the trial court's finding and allows the case to move forward. It also highlights the critical role of detailed record-keeping in defeating service defenses, which can otherwise derail otherwise valid claims. For plaintiffs and their attorneys, the ruling serves as a reminder that diligence must be demonstrated through contemporaneous documentation, especially when defendants are difficult to locate or provide incomplete address information.
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.
