Plaintiff, then 14 years old, suffered a fracture dislocation of his left shoulder and an open compound fracture of his left femur when he skied out of bounds on defendants’ mountain and caught his ski under a partially submerged cable that caused him to fall. Plaintiff underwent three surgeries on his fractured leg, including the implantation of an intramedullary rod and screws, and the subsequent removal of the same, and his leg was placed in traction during his two-week stay in the hospital. Plaintiff subsequently underwent two surgeries on his left shoulder, including a procedure to repair a condition that had caused him to suffer multiple postaccident dislocations of the shoulder. Plaintiff spent a total of 3V2 months recuperating from his injuries and medical procedures, followed by physical therapy. Medical records reflect that plaintiff experienced initial pain as a consequence of his injuries, although evidence of his use of pain medication was scant. Plaintiff’s injuries healed well, his pain diminished after only several months, and his range of motion in the affected areas was not measurably compromised. He returned to competitive downhill skiing approximately 10 months after the accident.
Plaintiffs orthopedic expert, whom plaintiff consulted on one occasion to obtain, inter alia, a second opinion on contemplated
The jury’s awards for past and future pain and suffering deviated materially from what is reasonable compensation to the extent indicated (CPLR 5501 [c]; cf. Perkins v McAlonen, 289 AD2d 914 [2001]; Yass v Liverman, 233 AD2d 110 [1996]). Concur—Sullivan, J.P., Ellerin, Nardelli and Sweeny, JJ.
