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 ruling from the State Court of Gwinnett County in favor of the plaintiff, according to an announcement by North Atlanta Injury Law PC. The decision, issued on May 6, 2026, allows the case to proceed and underscores the importance of diligent 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. Rather than disputing liability, the defense focused on whether the defendant had been served quickly enough. 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 is a demanding standard that often ends cases before they reach the facts.
Following a March 2026 hearing, the State Court of Gwinnett County rejected the defendant's motion for summary judgment. 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, which the Court of Appeals denied, leaving the trial court's ruling undisturbed. The matter was subsequently resolved, with terms not disclosed.
The service challenge arose from complications in locating the defendant. He had recently moved into 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, he provided a street number without the unit designation, and certified mail returned 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 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 reinforces that plaintiffs can overcome service defenses by meticulously documenting their efforts. For personal injury victims, it signals that procedural hurdles may not bar meritorious claims when attorneys act with urgency. The case also highlights the risks defendants face when they provide incomplete address information, as such actions can extend the time needed for service and ultimately fail to derail the lawsuit.
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.
