Today, we share with immense pride and profound respect the appellate court’s decision to uphold a 2022 verdict for what is now a $100 million judgment for our clients Mr. and Mrs. O’Malley against Diamond Resorts.
In this case, the wife had a medical emergency at the hotel suffering a catastrophic aneurysm rupture that incapacitated her when she was alone in her room. Her husband who was still at home was then unable to reach her, called the hotel for help. The hotel had a welfare check policy but they didn’t follow it properly. They sent someone untrained and this person incorrectly reported that she wasn’t in the room, even though she was. The husband found his wife seven hours later, and due to the delay in medical attention caused by the hotel’s negligence, she suffered a unique permanent profound memory loss.
The medical causation issues in this case were incredibly difficult. We argued that had that hotel reasonably done a welfare check as promised, wife would have been discovered and wouldn’t have the secondary injuries that profoundly disable her today. That it was the delay in treatment that caused her permanent short term memory loss. Defendant argued that all of wife’s injuries occurred within minutes of her initial bleed. They used leading experts in the field and challenged every issue in the case attempting to blame the husband. Ultimately, the truth (and we) prevailed.
At the time of this trial, it had been 2 years since The Homampour Law Firm and Arash Homampour tried a case because of Covid. This was the hardest we have handled thus far (and we handle HARD cases!). We had to do the entire trial with masks but jurors told Arash Homampour that his passion and love for what he does shined through.
“Ultimately, I was born to be a trial lawyer and a trial lawyer for this exact case. I am so fortunate to do what I love. These kind of results are only possible with a team of humans (lawyers, staff, family, friends and the universe) directly and indirectly manifesting justice like this,” said Homampour.
Once again, we don’t just practice law; we redefine its possibilities. This latest $100 million victory is more than a number—it’s a message that no opponent is too formidable. Years of unwavering dedication led us to this moment, standing with the O’Malleys,turning their unspeakable harm and struggle into a landmark triumph. This case reaffirms our commitment: to take on any opponent of any size, harness the law in all its glory, secure outlier results, and set new precedents for what it means to get full justice.
The entire team including Arash Homampour, as lead trial attorney, appellate attorney extraordinaire, Jeffrey Ehrlich and co-counsels, Matt Biren, and John Robert’s believe this outcome showcases the power of the civil justice system and the formidable strength of one individual—specifically, the remarkable husband of Mrs. O’Malley, who has been her unwavering protector, caregiver, and companion since 2014—as he stood tall against an army of seasoned lawyers, experts, and a financially robust defense to triumph in the name of justice.
And yes, Hallelujah for defense attorneys, experts, and insurance companies- for without them, full justice is never possible!
Here’s a link to that opinion.
Click here to see the Daily Journal article.
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