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At Farah and Farah, we represent clients in matters involving everything from medical malpractice to nursing home abuse and auto accidents. We are extremely proud that we have been able to help so many victims and families recover the compensation they need to start rebuilding their lives. The settlements and verdicts below represent just a sampling of the cases we have successfully settled or brought to trial for our clients. If you would like to speak with an attorney about your case, don't delay - contact Farah and Farah today.
Verdicts and Settlements:
A minor child was admitted to a hospital for treatment for a severe asthma attack. Upon admission, he was alert, speaking, and could see. Due to negligent administration of medications, the boy lapsed into unconsciousness and had to be resuscitated. As a result, the child, who is 13 years old, is now legally blind and suffers from neurological damage.
It was supposed to be a good day for Jensie Edwards. February 1, 2004 was her 39th birthday but on her early morning drive to work her life would be permanently altered. Stopped at a red light at the intersection of Martin Luther King Boulevard and Canal Street, a driver for Southland Waste Systems slammed his dump truck into the rear of her car at a speed of 40 mph. Her Dodge Caravan was destroyed and Edwards received severe back injuries. Suffering from continuous pain and limited mobility, Edwards lost her job as a warehouse worker.
A new cutting-edge spinal cord stimulator which controls her pain has been permanently implanted in her body.
Michael Marrese, of The Law Firm of Farah and Farah, represented the couple in their claim against the insurance carrier. In early April, 2006, a Duval County jury awarded Edwards and her husband $4.8 million. Eddie Farah noted "this award will assist our client to obtain the future medical care she requires and will help to compensate her for her future loss of wages."
November 8, 2004 started like any other morning for 37-year-old Wendy Sugalski. She had just dropped her teenage child at school and was heading east on Atlantic Boulevard near Kernan to pick-up her other teenager.
She was stopped at a red-light when her car was rear-ended by a 26,000 pound moving truck traveling 40 miles per hour. Her Honda Civic was pushed forward, the force crushing the trunk of her car into her back seat.
Mrs. Sugalski didn’t see it coming but immediately she felt the pain.
She suffered at least one herniated disc in her neck and suffered significant soft tissue damage. Treated immediately at the emergency room, Sugalski would undergo extensive pain management treatment including 69 injections in her neck and two surgical procedures that probe the nerves, then heat them to deaden pain.
Today she is in constant pain. Doctors tell her to expect that for the rest of her life.
Her career as a ballet, lyrical and acrobatic dance instructor at Let’s Dance in Ponte Vedra Beach, would be forever restricted to instruction, not demonstration. Her future as a dancer at exhibitions was over.
On Thursday, September 13th 2007, Sugalski won a $3.49 million dollar judgment against Reads Moving Systems of Florida, Inc.
The company denied they were at fault. “That’s the nature of the beast,” says Eddie Farah. However, shortly before the trial, the Court ruled as a matter of law that Reads Moving Systems of Florida, Inc. was responsible for the crash. “They don’t offer you any money unless you go to court and get a verdict. They wear you down because they know people are hurting for money and will take whatever they throw out,” says Farah.
Reads Moving Systems, a national company with offices on Philips Hwy., offered Ms. Sugalski $27,500 prior to a lawsuit being filed and $60,000 before trial.
“The insurance company never took her seriously,” says Randall Rutledge who was co-counsel in the case. But the court determined that Reads was at fault and that focused the case on damages. “Causation and the amount of Mrs. Sugalski's damages is what the jury had to determine,” says Farah.
The six-person jury agreed. The award includes almost $40,000 for past medical bills, $150,000 for past pain and suffering and $2.25 million for future pain and suffering. Included in the award is $1 million for future medical care which will include twice yearly nerve treatments known as RFL, radiofrequency lesioning which costs about $5,000 per treatment.
On April 14, 2006, a federal appeals court--the 11th Circuit Court of Appeals in Atlanta, upheld a lower court verdict, finding Superior Construction Company was responsible for a boating accident in December 2001 that injured 12 passengers. The court affirmed a $19.2 million verdict, including $3.3 million for Jimmy White, a client of Farah & Farah.
In this precedent setting Maritime Admiralty case, the court affirmed that Superior was to blame for inadequately lighting a 128-foot barge tied under the Blanding Boulevard Bridge. A 25 foot pleasure boat collided with the barge throwing the passengers off the boat including White, who has permanent neck and back injuries.
"This is the first time there has been a clear understanding that alcohol as a factor involved in a maritime event can be held to be a non issue when the facts establish that the collision was otherwise unavoidable," says Brian Flaherty who represented White for Farah and Farah.
On December 29, 2001, Superior was the general contractor for the Florida Department of Transportation, working to widen the Blanding Boulevard Bridge. Under the bridge Superior tied a barge--a 128-foot long, 38 foot wide Mobrow 605. The barge had no fixed navigational or mooring lights. Superior devised its own lighting system- ten lights on the barge and two lights on a nearby tug´s stern.
On the night of the collision, only three of the ten lights on the barge and one of the two tug lights worked. According to Flaherty, "The working lights looked like a bathroom night light while the tugs one light was a flashing white light. The four lights total were old, scratched, sun damaged, rust stained, dirty and in poor condition. The barge was impossible to see until you were on top of it."
On the night of the collision, Superior tied the barge to the base of the bridge so it ran parallel to the bridge and blocked all but 38 feet of the 120 foot wide channel-that is two of the three spans commonly used by recreational boaters. It then tied the tug perpendicular to the barges mid-ship into a "T" shape. It was left that way for a holiday weekend.
"It was virtually invisible to see with its black color on the barge, inadequate lighting, and unorthodox location by boaters on the Cedar River," says Flaherty.
Superior had argued that some had been drinking among the group on the passenger group, including the boat's pilot. But Flaherty successfully argued that the barge's location and lack of adequate lighting made it impossible to see by any of the passengers onboard, including the one's not drinking.
White was sitting on the boat's bow and when the barge became visible he barely had enough time to shout when he was thrown into the water. His body then struck the barge.
Attorney Eddie Farah, says Superior, which has never admitted fault, offered to settle the case for a "miniscule" amount less that 1 percent of the final judgment.
"They just didn't take any of the injuries seriously" Farah says. "They really put profits over safety."
A married father with a young daughter is totally disabled in a low impact collision while driving company truck. Recovered $1.8 million.
On January 11, 2001, our client was asleep in the right front passenger seat of a pickup truck owned by a large corporation. The driver of the truck, who had been drinking heavily, lost control of the vehicle, driving it into the median where it flipped over, ejecting our client and then rolling over him, ending his life. The driver of the truck also died in the car accident.
The truck was owned by a large corporation that allowed the driver to take the vehicle home and drive it to and from work. The morning of his death, the young man had gone by the home of his parents just to hug them and say how much he loved them and how grateful he was to have such good parents.
Our client had four young children whom he loved very much. As a result of his death, these children were deprived of their father's love, support, and guidance and his parents have lost a loving son.
After long negotiations, we were able to recover the sum of $1.25 million for the cost of the children's future education. Although money can never replace their loving father, these children will be assured of a secure financial future.
A 35-year-old master electrician suffered spinal and cervical damage after a driver rear-ended his truck at 45 mph. The injuries and necessary surgeries affected his work performance and limited his earning potential. After following his case for two years, our team of car accident attorneys, nurses, and litigation experts prepared for trial. Hours before the trial was to begin, the defendant's attorney settled the claim. Recovered $1.2 million.
Retired Navy man severely injured in rear end collision on the Buckman Bridge. Recovered $1.115 million.
An elderly woman suffered a fractured skull when her mailman accidentally hit her with his vehicle. The insurance company refused to settle for an adequate amount, claiming her life expectancy was too short to warrant one. Our car accident attorneys argued under a Federal Tort Claim and won a substantial recovery. Recovered over $1 million.
A woman was widowed when a careless driver ran her and her husband off the road. The insurance company tried to claim she was responsible because she was too tired to drive; we proved otherwise. Recovered $950,000.
A couple in their late 60s were driving down a dark interstate when their car crashed into the rear of a huge dump truck traveling under the speed limit with no taillights or other illumination. The wife passed away after three months in the hospital with medical bills totaling over $125,000. Our experts demonstrated the dump truck was at fault because of its numerous safety and traffic violations. Because of our research, the insurance company awarded the husband a substantial settlement to cover medical expenses and ensure a comfortable future. Recovered $760,000.
On Friday, March 19, 1999, at approximately 12:00 a.m., Christopher Wayne Andrews was operating a 1989 Honda CRX, north on County Road 241. At the time the crash occurred, there was total darkness in the area with no artificial lighting present. According to the Traffic Homicide Report, the darkness and lack of visibility associated with the night-time conditions were a contributory factor in the crash. At trial, investigating officers stated that there was no fault on the part of Christopher Wayne Andrews.
Suddenly, and without warning, the vehicle driven by Christopher Wayne Andrews collided with a large, solid black cow in the northbound lane of the roadway. The impact propelled the 1000+ pound cow upward and onto Mr. Andrews' left side A-pillar, windshield, and roof. The roof was crushed down to only 14 inches above the seat. The vehicle spun in a counterclockwise rotation diagonally toward the south shoulder and ultimately became airborne for approximately 27 feet. As the vehicle landed it rolled, traveling 45 feet, striking a barb-wire fence. Christopher Wayne Andrews suffered fatal, multiple blunt traumatic injuries and died at the scene.
The Black Angus cow was tagged and identified as belonging to the University of Florida's Institute of Food and Agricultural Sciences, Santa Fe Beef Unit. The Florida Board of Education, its agents, and/or employees negligently failed to properly restrain its Black Angus cow and permitted it to run at large contrary to FS §588.14 and §588.25 and in so doing created a public nuisance as defined by said statutes in permitting livestock to run at large in violation of the statutes and in failing to contain said animal as required by statute. This negligence resulted in the death of Christopher Wayne Andrews.
The State of Florida, its agents, and/or employees destroyed the gate that was evidence. At the trial, an employee of the State admitted that had the second gate been closed, the cow might not have escaped onto the road.
At trial, The Law Firm of Farah & Farah, P.A. obtained a jury verdict in the amount of $756,000 for the parents and estate of Christopher Wayne Andrews - the largest verdict ever awarded in Union County, Florida.
A 21-year-old mother was killed when she, her young son, and a driver were in a car accident. The driver had little insurance but we found a large policy of UM/UIM insurance maintained by the victim’s mother. Because the deceased was living with her mother at the time, her estate was awarded damages. Recovered $410,000.
Our client was driving her vehicle north on Belfort Road in Jacksonville, Florida. At the same time, an employee of the Jacksonville Electric Authority (JEA) was traveling behind our client, driving a vehicle owned by JEA, and was within the course and scope of his employment with JEA.
Both vehicles stopped for a red traffic signal. However, the defendant driver's foot slipped off the brake pedal and the JEA vehicle he was driving crashed into the rear end of our client's vehicle. The JEA employee admitted that he was solely responsible for causing the car accident.
Our client had never been injured in any prior accident, had never previously complained of pain in the cervical region, and was asymptomatic prior to the collision. Our client began a program of physical therapy; however, MRI of the cervical revealed a central and left paracentral herniated disc at C4-5 and a disc bulge at C5-6. She was referred to a neurologist for her complaints of numbness of her right side. MRI of the lumbar area revealed moderate lumbar spondylosis, worse in the upper levels, with moderate disc bulges at the L3-4 and L4-5 levels and mild foraminal encroachment at the L4-5 level. A thoracic MRI revealed moderate spondylosis. Finally, the cervical MRI showed moderate degenerative disc disease at the C6-7 level. She subsequently had a myelogram which showed a disc bulge at L3-4 and cervical spodylosis at C6-7. A CAT scan revealed two disc ruptures in the cervical area. Dr. Kilgore felt it prudent that she try pain management, and if not successful, obtain a neurosurgical evaluation.
Our client underwent anterior cervical discectomy, fusion, bone bank graft, and plate fixation at C4-5 and C5-6.
We filed suit and the jury returned a verdict in favor of our client in the amount of $317,675.61.
A 5 mph impact results in back surgery to driver. Jury confirms injury. Recovered $196,000.00.
A 79-year-old Canadian woman visiting Jacksonville sustained injuries to her neck, shoulders, and back in a crash caused by a negligent driver. She was no longer able to knit, do household chores, or even wash her own hair. The insurance company refused to settle, saying she had only a soft-tissue injury and arthritis caused her pain. We took them to court and proved otherwise. Recovered $115,000.
Insurance carrier refuses to pay $100,000. Uninsured Motorist Benefits to client trapped in auto after a crash. Jury awards victim for pain and suffering. Recovered $654,837.00
A young mother riding as a passenger on a motorcycle suffered a crushed pelvis when the motorcycle collided with a car. Her injuries were so severe she required extensive surgery and therapy to walk again. Seven figure settlement.
Our client suffered severe injuries and a permanent leg deformity when a car crashed into his motorcycle. The driver of the at-fault vehicle had only $10,000 in bodily injury policy limits but failed to tender the policy limits within a set period of time. The Florida attorneys at Farah & Farah, P.A. maintained a bad faith claim and recovered $400,000 for our client. Recovered $400,000.
JACKSONVILLE , Fl. Monday, October 13-Today, twenty year old Johanna Shirley, former cheerleader and high achiever, will return to Jacksonville's Brooks Rehabilitation Hospital, 30 months after she first went there to learn how to live all over again. But, instead of going through hours of rigorous rehabilitation, Johanna will be there to thank the doctors and therapists for their help and dedication.
Last week, Johanna graduated from Brooks, a milestone in her struggles to cope with her life as a result of the brain damage she suffered while receiving treatment at Orange Park Medical Center over two years ago. These injuries left her as only a shell of the promising and active teenager she was before the tragedy struck her.
"She was very active, took dancing and gymnastics, played the piano and she was a cheerleader since about fifth grade through high school," said Johanna's mother Jeanne Shirley. "She was making good grades in community college and planning on transferring to Brigham Young University." The Shirleys are members of the Church of Jesus Christ of the Latter Day Saints.
Now, Johanna is unable to remember much of her life before May 18, 2001. That's the day she fainted on her job at a Dillard's Department Store and was taken by ambulance to Orange Park Medical Center.
Experts said Johanna suffered brain damage because she was not properly treated. Johanna and her parents say she "died" lying there in an emergency room bed.
In fact, Johanna suffered severe brain damage that noticeably affects her ability to walk, talk and remember events from a short time ago, much less prior to May 18, 2001. Johanna has had surgery to correct contracted limbs, and she has had casts on every limb. Ten weeks after entering Brooks Rehabilitation Hospital, Johanna said her first words, "Mom, I want to see you".
On Wednesday, Florida will mark the first month of new caps on medical malpractice awards that were passed by the Legislature late this summer and took effect on September 15. The new limits put a cap on non-economic damages at $750,000 for hospitals and $150,000 for emergency physicians.
The Shirleys are very concerned for future families who will be denied the peace of mind and the financial help they will need because of the caps on malpractice awards. "It's idiotic and ridiculous," said Johanna's father, Harry Shirley.
For Johanna, like most everything else in her life now, the question she wants to ask Florida law makers is simple: "What were you thinking?"
Mr. Shirley is both thoughtful and blunt when he discusses his own situation.
"We've never asked for help, but when this happened, we didn't know what to do. We were angry and we were scared. Our son-in-law called lawyer Eddie Farah and asked him to help. Thank God he did."
Mr. Shirley said that over the last 30 months he has felt like he has been lost in a long, dark railroad tunnel without a light at the end. But, that changed recently when he met with Mr. Farah and learned that Orange Park Medical Center had settled the case for the $5,000,000. that the Shirleys had demanded.
"That's the first time I looked down that tunnel and saw a light, saw some hope, because I knew that no matter what happened to me, my daughter will be cared for. It was the first time I had any peace, and if there had been caps I would have never had that peace."
The Shirleys estimate that Johanna's care and rehabilitation since 2001 has cost more than $250,000. In addition to her surgeries and medical treatment, her parents drove her from Orange Park to Brooks for rehabilitation four days a week for more than two years. Johanna's recovery is never expected to be complete, and it is anticipated that she will need care and rehabilitation for as many as 50 more years.
The price of their stress and hardship, the Shirleys say, has no limit. "These new caps are an assault on a family's dignity and integrity," said Mrs. Shirley.
The Florida Legislature should re-consider the reforms and remove the caps, said Johanna's parents. "The caps don't lower the cost of malpractice insurance for physicians and the only ones hurt by the caps are the victims of malpractice," said Mr. Shirley.
While Johanna's case is tragic, experts say it is not unusual. More people die in medical malpractice cases each year than in automobile accidents.
When Johanna finally came home from Brooks, her mother says it was like having a baby again. "We had to feed her, bathe her. It's like teaching a child to eat and be potty trained again. Before she was making good grades and now she had to learn how to write again and do simple arithmetic."
Johanna's short term memory is still so bad she has trouble remembering her daily activities.
Johanna's life is not the only one that has changed dramatically. Her parents, and a younger sister, Jacqueline have spent nearly every moment focused on Johanna, and nothing else. "Our life is built around Johanna's care and well being," said her father, a train dispatcher for CSX. "My last scheduled vacation was three years ago because I've used it all up for Johanna, and we've put 70,000 miles on our car and never left the state."
Mrs. Shirley has quit her job at the Church of Jesus Christ of the Latter Day Saints to help care for Johanna, and she said, "I've had a 15 year old daughter (Jacqueline) robbed of her teenage years because we've had to spend our time with Johanna, and she has, too.".
While life has been very difficult, her mother Jeanne said the huge expense and time required to care for Johanna is not the hardest part.
"I see her bouncing in, vivacious and full of life and now just remembering the way she was before is fading and it makes me angry," said Mrs. Shirley.
Despite the difficulties, the Shirleys consider themselves fortunate because the new malpractice caps were enacted after Johanna's tragedy. In future cases experts say the new malpractice caps will be catastrophic.
"This has been very hard," said Mr. Shirley. "But, no matter how hard it is has been, I could never wish this would happen to anyone responsible for Johanna's situation, or for any legislator or anyone else. Unfortunately, it will happen to others. The caps will make it impossible for them to cope."
The new caps, which required several special sessions of the legislature to pass, was in reaction to a perception that Florida is in the midst of a crisis because the high cost of medical malpractice insurance and jury awards are causing doctors to leave the state or stop the practice of medicine. However, a congressional study released shortly after the caps were imposed a month ago disputed these claims, which were being made by the American and Florida Medical Associations.
Instead of a widespread crisis in Florida, the General Accounting Office, the investigative arm of Congress, said, "The problems confirmed were limited to scattered, often rural, locations and in most cases providers identified long-standing factors in addition to malpractice pressures that affect the availability of services."
The GAO report said that reports of doctors leaving the state were anecdotal, "not extensive and in most cases exaggerated."
In addition to exaggerated claims of physicians fleeing the state over high costs of malpractice insurance, the GAO study reported that during the last two years, the number of licenses for doctors has increased and physicians per capita in Florida has not changed.
While doctors blame jury awards for the high cost of medical malpractice insurance, the GAO report cited other factors, including poor management by insurers. As interest rates dropped between 1998 and 2001 on bonds that comprise as much as 80 per cent of the malpractice insurers' investment portfolios, "a decrease in investment income meant that income from insurance premiums had to cover a larger share of insurers' costs," the report said.
In addition, the GAO said that vigorous competition for business during the 1990s caused medical malpractice insurers to offer prices that did not completely cover losses on that business. "As a result of this, some companies became insolvent or voluntarily left the market, reducing the downward competitive pressure on premium rates that had existed through the 1990s."
A resident of an apartment complex suffered a mild traumatic brain injury when her clothes dryer fell from its stand above the washer and struck her in the head. The defendant denied liability, but we pursued the case to trial. The jury awarded our client adequate compensation. Recovered $195,000.
Infant suffered brain damage as a result of medical malpractice. Parents receive award for his future care. Recovered $1.125 million.
Dangerous machinery causes wrongful death of a worker. Sons receive compensation for their mother's death. Recovered 1.56 million
A 20-year-old mechanic was crushed by a 20,000 pound sign that collapsed as he walked under it. Through investigation, it was discovered that no maintenance had been performed on the bolts that secured the sign to its post in the approximate 18 years since it was erected. The case was prepared for trial and defendants settled shortly before trial was scheduled to begin. Recovered $1.7 million.
While pumping gas at a large gas company, our client suffered injuries during an accident caused by a pump cover. A chip fracture to the top of his foot and nerve damage left him unable to operate machinery or wear the steel-toed boots that his job required. We presented substantial evidence in this product liability case and the insurance company saw things our way. Recovered $320,000.
An award of $1.2 million was made in the wrongful death of the young father of three children.
A nursing home resident developed bed sores because she was not turned or cleaned adequately. We cited evidence that her nutritional status was not being evaluated and her care was insufficient, and secured a settlement. Recovered $450,000.
A nursing home resident was not given adequate heel protection, nutrition, or monitoring by the staff. The lack of care resulted in a Stage 3 heel ulcer. We fought for compensation and won. Recovered $275,000.
On July 1st, 2001, a client of ours fell in a puddle of water in a large retail/supercenter chain. She asked for help and was treated rudely by the manager. She requested an ambulance because of the intense pain she suffered when she fell on her hand and her back. The manager replied, "You don't need any help." There were two eyewitnesses who observed the accident, and the store's employees told them to get out of the store as soon as one of the employees discovered that they were witnesses. The business failed to obtain an account of the accident from the eyewitnesses.
The lady who fell was subsequently diagnosed with Reflex Sympathetic Dystrophy (RSD). It caused her left hand and fingers to curl up like a hook, and she experienced extreme pain and circulation problems caused by this little known neurological condition. Our office contacted one of the preeminent experts in Reflex Sympathetic Dystrophy. This physician examined her and set out a course of treatment. In the meantime, she was experiencing great difficulty taking care of her young children, who she had previously home-schooled, and managing the day-to-day tasks which she, and her family, had grown accustomed to doing without any difficulty. In addition, she was planning on starting a job as soon as her youngest daughter began kindergarten.
She subsequently was given a series of nerve block injections, which provided minimal relief. The RSD expert and her pain management doctor agreed that a permanent morphine pump would have to be installed in her body to alleviate her pain. This would involve an extremely invasive procedure to place a very expensive device inside her body, which would provide a morphine drip for pain relief for the rest of her life. Her doctors also concluded that she would never be able to work.
The Defendant refused to acknowledge fault. Our office hired an engineer who specialized in air condition and refrigeration because the water which the client fell in came from an open refrigerator case. The expert was able to show that the store failed to properly maintain and inspect the cooler, and if it merely did the most basic maintenance procedures, the accident would have never happened.
The store would not agree to adequately compensate her during a court-ordered mediation. We prepared the course for trial and forced the store to turn over many documents which they first refused to disclose, which clearly established their negligence. Just before trial, the store agreed to compensate our client for $750,000.00.
A very active woman in her mid-forties walked into the break room at work, slipped on water from a leaky faucet and broke her ankle. We went to trial and proved that building maintainers were negligent because they failed to correct the problem even after being given prior notice of the danger. Recovered $198,559.
A 77-year-old man fell and severely broke his arm when his pant leg got caught on a broken concrete parking stop at a fast food chain. His injury was so severe, he couldn’t lift his arm above shoulder level and modifications had to be made to his home for him to get around. We went up against the big company and convinced them to settle. Recovered $130,000.
A man from Germany who was visiting Jacksonville slipped and fell in some liquid on the floor of a grocery store. He suffered severe injuries that required surgery to remove an infection. Because the man couldn’t speak English and would soon be returning home, the grocery chain stalled and eventually denied responsibility. We put a case together with expert doctors and translators and they agreed to pay compensation. Recovered $65,000.
Please fill out the following firm to contact Farah and Farah in Jacksonville, Florida.
Farah and Farah, P.A.
10 West Adams Street
Jacksonville, Florida 32202
Phone: (800) 533-3555
Downtown
10 West Adams Street
Jacksonville, Florida 32202
Phone: (904) 396-5555
Beaches
1807 North Third Street
Jacksonville Beach, Florida 32250
Phone: (904) 249 2585
Fax: (904) 241-9446
St. Augustine
1301 Plantation Island Drive
Suite 206A
St. Augustine, Florida 32080
Phone: (904) 797-7977
Brunswick
4216 Coral Park Drive,
Suite 107
Brunswick, GA 31520
Phone: (912) 466-8896
Amelia Island
501 Centre St.
Fernandina Beach, Florida 32034
Phone: (904) 261-4440
Northside
1509 Faye Road
Jacksonville, Florida 32218
Phone: (904) 396-5555
Orange Park
1534 Kingsley Avenue
Orange Park, Florida 32073
Phone: (904) 264-0700
Palatka
417 St. Johns Avenue
Palatka, Florida 32177
Phone: (386) 328-2889
Valdosta
100 North Patterson Street
Valdosta, Georgia 31601
Phone: (229) 219-2242