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, means the case will proceed to resolution on the merits, and it underscores the critical role that diligent service efforts play in preserving personal injury claims.
The case stemmed 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 service of process was timely. 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—a demanding standard that 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, 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 applied for interlocutory appeal. On May 6, 2026, the Court of Appeals 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 factual background illustrates the challenges of service. The defendant had recently moved into 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, and certified mail came back 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 was living—and documented work on service every business day from the date of filing until service was confirmed.
This ruling matters because it reinforces that plaintiffs can survive a service challenge even when a defendant is difficult to locate, provided they meticulously document their efforts. The "greatest possible diligence" standard is a high bar, and this case demonstrates that a daily record of service attempts can satisfy it. For personal injury victims, the decision is a reminder that timely and thorough service is essential to keeping a case alive. It also signals that Georgia appellate courts are reluctant to second-guess trial courts on factual findings regarding diligence, which may discourage defendants from using service technicalities as a delay tactic.
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.
