Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Attorney S. Gary Werley appeals a judgment awarding Brandy and Matthew Cannon attorneys’ fees and costs as a sanction for violating a protective order. On appeal, Mr. Werley argues the trial court abused its discretion in entering the protective order and in sanctioning him. He also argues the court erred in entering the final judgment because it was based on the sanctions order. Finally, Mr. Werley contests the trial court’s award of appellate attorneys’ fees in the final judgment. We affirm. *fn1

The Cannons and Andrew Smith, a minor child, sued Dr. Scott Ashton, Ashton Podiatry Associates, and ISR Partners for medical malpractice. Their complaint alleged that Ms. Cannon underwent a bunionectomy, based on Dr. Ashton’s recommendations, to resection and reshape the head of the first metatarsal bone in her left foot to alleviate pain and restore normal walking. After Dr. Ashton performed this surgery and discharged Ms. Cannon, she experienced excruciating pain, so she returned to see him. From additional X-rays of her foot, Ms. Cannon noticed the bone in her great toe was about one-half inch shorter than it was before the surgery. Dr. Ashton told her that this and her sensations of pain were normal. At her next appointment, Dr. Ashton told Ms. Cannon that she had a bunion on her right foot and recommended that she have surgery for it before her health insurance incurred a new deductible. Ms. Cannon later underwent a similar surgical procedure on her right foot. When she returned to Dr. Ashton’s office to have her right foot X-rayed, she noticed the bone in her right foot was shortened and expressed concern. Dr. Ashton assured her once again that all was well. Over the next few months, Ms. Cannon continued to visit Dr. Ashton’s office, and Dr. Ashton continued to reassure her that “everything was going well,” and prescribed a tranquilizer for her. According to the complaint, Ms. Cannon has not been pain-free or able to walk normally since she had the first surgery.

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Complex Claims & Litigation Forum 2024

February 26, 2024 - February 28, 2024
Las Vegas, NV

The conference experience aimed to help insurers and litigators Prevent, Prepare, and Prevail in complex claims cases and risks.

Learn More

Women, Influence & Power in Law UK Awards 2024

March 06, 2024
London, UK

Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession.

Learn More

Florida Legal Awards (FLLA) 2024

April 04, 2024
Miami, FL

Daily Business Review honors attorneys and judges who have made a remarkable difference in the legal profession in Florida.

Learn More


Gill & Chamas, LLC seeks an attorney to work in their Woodbridge, NJ Office. Candidate must possess either of the following: 1-3+ year...

Apply Now ›

Associate Attorney

Seeking Estate Administration Attorney for busy boutique office. Huge upside potential and growth opportunity.NYS Bar Admission and relevan...

Apply Now ›

Philadelphia Private Client Services Associate

Duane Morris LLP has an opening in its Philadelphia office for an associate or counsel to join its Private Client Services Practice Group. I...

Apply Now ›

Blume Forte Fried Zerres & Molinari

New Jersey Law Journal

Frederick D. Miceli has joined the firm as Of Counsel

View Announcement ›


New Jersey Law Journal

Professional Announcement

View Announcement ›

Aaronson Rappaport Feinstein & Deutsch, LLP

New York Law Journal


View Announcement ›