Georgia Court of Appeals Denies Review in Service Dispute, Upholding Ruling for Plaintiff

In a decision that underscores the critical importance of meticulous procedural work in personal injury litigation, the Court of Appeals of Georgia has denied a defendant's application for interlocutory appeal in Baratian v. Strickland, Case No. A26I0187. The denial leaves undisturbed a ruling from the State Court of Gwinnett County in favor of the plaintiff, represented by North Atlanta Injury Law PC. The case, which arose from an August 2023 rear-end collision in Gwinnett County, hinged not on liability but on whether the plaintiff had perfected service within the statute of limitations.

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. The defendant in this case filed a motion for summary judgment and then sought interlocutory review, arguing that service was untimely.

Following a March 2026 hearing, the State Court of Gwinnett County rejected the motion, 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, which the Court of Appeals denied on May 6, 2026. The matter was subsequently resolved, with terms not disclosed.

The defense did not dispute that their client caused the impact, according to Travis J. Little, principal attorney at North Atlanta Injury Law. "Their defense was focused on the calendar," Little said. "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 factual background illustrates the challenges plaintiffs can face in locating and serving defendants. The defendant had recently moved into a subdivided residence near an out-of-state university, where he had been living just a matter of weeks when 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.

This ruling matters because it reinforces the principle that a plaintiff who diligently pursues service can preserve her claim even when a defendant attempts to evade or delay. The "greatest possible diligence" standard is often a trap for the unwary, and the Court of Appeals' denial of review signals that trial courts will be given deference when there is a clear record of consistent effort. For personal injury attorneys, the case serves as a reminder to document every step of the service process, especially when defendants are transient or provide incomplete information. The outcome also allows the plaintiff to proceed without further delay, bringing the case closer to resolution on the merits. 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.