concurring in part and dissenting in part.
[¶20] I concur with the majority opinion with the exception of the conclusion the trial court did not abuse its discretion by denying Julie’s motion for a new trial on the ground that the jury’s verdict was perverse, insufficient in light of the evidence, and irreconcilable. I dissent from this part of the opinion.
[¶ 21] The record reveals Julie claimed injuries to her head, neck, and knee as a result of the collision. Julie testified regarding the pain she suffered as a result of each of these injuries. She testified as to the course of treatment she received for these injuries and the medical expenses she incurred as a result of her treatment. There is nothing in the record to indicate that Julie had ever seen a chiropractor for neck or head pain prior to this accident. There is also no evidence of any treatment for her knee prior to this accident. Magdalene did present evidence that Julie’s knee injury could have been caused by cheerleading or dancing rather than from the trauma to her knee in the accident. Magdalene also presented evidence discrediting Julie’s claims of pain resulting from her head and neck injuries.
[¶ 22] The jury could have agreed with Magdalene that Julie did not sustain any injuries whatsoever in this accident or, if she did sustain an injury, it was so de minimis as to result in no significant pain and suffering.
*854[¶ 28] The jury, however, found that Magdalene’s negligence was a proximate cause of Julie’s injuries. In addition, they awarded her $5,243.80 for past medical expenses. Julie offered into evidence medical bills totaling $12,761.01. She testified and the bills themselves make it clear these medical expenses related either to treatment for her head and neck injuries or treatment for her knee injury. Based on the amounts of these medical bills, it is quite apparent the jury either believed she had sustained her claimed head and neck injuries or she had sustained her knee injury. If the jury award of medical expenses was for the treatment related to her head and neck injuries, then because of the substantial amount awarded, it would necessarily include her chiropractic treatments. These were all pain-related treatments. If the award was for her knee injury, then the substantial amount of the medical awarded would necessarily include her knee surgery and post-surgery therapy. Again, those would be pain-related medical expenses.
[¶ 24] Based on the jury instruction in this case, in order for the jury to award damages for past medical expenses they had to conclude the expenses were “reasonable” and “reasonably required and actually provided in treating the plaintiff.” The jury awarded Julie zero for past pain, discomfort, and mental anguish. My review of the record here leads me to the conclusion that the special verdict answers are inconsistent and irreconcilable. “We uphold a jury’s special verdict on appeal whenever possible and we will set aside a jury’s special verdict only when it is perverse and clearly contrary to the evidence.” Reisenauer v. Schaefer, 515 N.W.2d 152, 157 (N.D.1994). The test used for reconciling apparent conflicts in the jury’s special verdict answers is:
“‘[Wjhether the answers may fairly be said to represent a logical and probable decision on the relevant issues as submitted. If after a review of the district court’s judgment no reconciliation is possible and the inconsistency is such that the special verdict will not support the judgment entered below or any other judgment, than the judgment must be reversed and the case remanded for a new trial.’ ” Grenz v. Kelsch, 436 N.W.2d 552, 553 (N.D.1989) [quoting 5A Moore’s Federal Practice ¶49.03[4], at 49-29 to 32 (1987)].
Fontes v. Dixon, 544 N.W.2d 869, 871 (N.D.1996).
[¶25] We pointed out in Slaubaugh v. Slaubaugh, 466 N.W.2d 573, 577 (N.D.1991):
The determination of damages for pain, suffering, and mental anguish is not “susceptible of arithmetical calculation,” but is largely dependent upon the “common knowledge, good sense and practical judgment of the jury.” (Citation omitted.) Thus, the determination of those damages rests largely within the sound discretion of the jury. (Citation omitted.) This is not to say, however, that the jury has absolute, unfettered discretion in setting damages for pain, suffering, mental anguish, and similar injuries. Rather, these standards suggest that in each case there is an allowable range within which the jury is free to assess damages as it sees fit.
[¶ 26] Our court has reversed and remanded a case for a new trial where there has been a substantial award of past medical expenses but no award for past pain, discomfort, and mental anguish. Slaubaugh v. Slaubaugh, 466 N.W.2d 573 (N.D.1991). In Slaubaugh, we distinguished Grenz v. Kelsch, 436 N.W.2d 552 (N.D.1989), stating the question in Grenz was whether it was inconsistent for the jury to award damages for future loss of productive time but award nothing for future pain, discomfort, and mental anguish or permanent disability. We held in Grenz it was not “illogical” for the jury to make this award. We pointed out, however, that in Grenz, “the jury did award damages for past pain, discomfort, and mental anguish.” Slaubaugh, 466 N.W.2d at 577 n. 1.
[¶ 27] A review of decisions from other jurisdictions reveals that some courts have held an award for medical expenses without an award for pain and suffering is inconsistent and requires reversal per se while other courts have used a more flexible approach based on examination of the evidence. For a summary of citations see Snover v. McGraw, 172 Ill.2d 438, 217 Ill.Dec. 734, 738-39, 667 N.E.2d 1310, 1314-15 (Ill.1996). See generally Todd R. Smyth, Annotation, Validity of Verdict Awarding Medical Expenses to Per*855sonal Injury Plaintiff, but Failing to Award Damages for Pain and Suffering, 55 A.L.R. 4th 186 (1987).
[¶ 28] I do not suggest that we adopt an inflexible rule that every verdict awarding only damages for medical expenses in a personal injury action is inadequate as a matter of law. However, where substantial medical expenses are awarded for pain-related treatment for injuries proximately caused by the accident, it is illogical to then award nothing for pain and discomfort. Once the jury determined that these medical expenses resulting from Julie’s injuries were recoverable, how could the jury disallow recovery for Julie’s pain and discomfort from the same injuries? If the jury really believed that Julie had not suffered pain and discomfort as a result of her injuries, why did it award her $5,243.80 in damages for medical expenses which according to the evidence had to have included pain-related treatment? If the jury really felt that her pain was so de minimis as to justify no award of damages for pain and suffering, why did it not limit her damages for past medical expenses to the cost of her initial hospitalization and diagnostic appointments and disallow any amounts for treatment? Although the jury may have been entirely within its right to have rejected Julie’s evidence and to have found no injuries or damages, I cannot reconcile its award of $5,243.80 for treatment which based on the evidence had to include pain-related treatment with a finding of no pain and suffering.
[¶ 29] I, therefore, conclude the jury verdict of $5,243.80 for past medical expenses for treatment related to pain is inconsistent with a zero award for pain and discomfort. I would remand the case for a new trial on the issue of damages. I respectfully dissent.
[¶ 30] Mary Muehlen Maring.