dissents.
[¶ 17.] I respectfully dissent. I disagree with the majority opinion’s conclusion that the special interrogatories and the verdict forms were inconsistent. The jury was instructed that:
If you find that Harlan Hossle’s negligence did contribute as a proximate cause of his own injury, Harlan Hossle may still recover if you find that such contributory negligence of Harlan Hos-sle was “slight” in comparison with the negligence of Kevin Fountain. If you find that Harlan Hossle is contributorily negligent, but that Harlan Hossle’s negligence is under the circumstances slight in comparison with Kevin Fountain’s negligence, Harlan Hossle is still entitled to recover.
If you find that such contributory negligence on the part of Harlan Hossle is more than slight in comparison with the negligence of Kevin Fountain, Harlan Hossle cannot recover.
See Instruction No. 16 attached. In addition, the jury was specifically instructed regarding contributory negligence. See Instruction No. 20 attached.
[¶ 18.] Applying the jury instructions, the jury concluded that Fountain’s negligence was the proximate cause of Hossle’s injury and returned Verdict Form 1 in *881favor of Hossle. Verdict Form 1 is consistent, not inconsistent, with said instructions. In addition, no objection was made to Verdict Form 1.
[¶ 19.] As instructed, the jury also answered the special interrogatories, finding that Hossle was 32% negligent and Fountain was 68% negligent. This was consistent with both the general verdict and the jury instructions because the jury was instructed that Hossle could still recover as long as his contributory negligence was “slight” or less than “slight.” Obviously, the jury concluded that 32% contributory negligence was “slight” or less than “slight” and, therefore, Hossle was entitled to a verdict in his favor.
[¶ 20.] However, under Wood v. City of Crooks, 1997 SD 20, ¶ 1, 559 N.W.2d 558, 559, a jury determination of contributory negligence of 30% or more is more than slight as a matter of law. Therefore, based on the jury’s -determination that Hossle was 32% contributorily negligent, the trial court properly entered judgment under SDCL 15-6-58 for Fountain on Hossle’s claim for damages.
[II21.] In addition, even if one determined that the verdict forms and the special interrogatories were inconsistent, which I do not concede, the majority opinion has not shown that the trial court abused its discretion under SDCL 15 — 6— 49(b) by accepting the answers to the special interrogatories rather than granting a new trial.
When the answers [to special interrogatories] are consistent with each other but one or more is inconsistent with the general verdict, judgment may be entered pursuant to § 15-6-58 in accordance with the answers,-notwithstanding the general verdict, or the court may return the jury for further consideration of its answers and verdict or may order a new trial.
SDCL 15-6^9(b). Clearly, there can be no abuse of discretion when the statute permits the option selected by the trial court in its discretion.
[¶ 22.] We should affirm the trial court. Therefore, I dissent.
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NO. 16
Each party claims to be entitled to damages from the other, the Plaintiff, Harlan Hossle, under the Complaint, and the Defendant, Kevin Fountain, under the Counterclaim. The burden is upon each party to prove by greater convincing force of the evidence that the other was negligent, and that such negligence was a proximate cause of the accident.
The issues to be determined by you in this case on the Plaintiff, Harlan Hossle’s Complaint are these:
1. Was the Defendant, Kevin Fountain, negligent?
*886If you find Kevin Fountain was not negligent, you will return a verdict for the Defendant. If you find the defendant was negligent, you have a second issue to determine, namely:
2. Was Kevin Fountain’s negligence a proximate cause of any injury to Harlan Hossle?
If you find Kevin Fountain’s negligence was not a proximate cause of Harlan Hos-sle’s injury, Harlan Hossle is not entitled to recover and you will return a verdict for the Defendant, Kevin Fountain.
If yon find Kevin Fountain’s negligence was a proximate cause of Harlan Hossle’s injury, you then must find on a third issue:
3. Was the Plaintiff, Harlan Hossle, also negligent?
If you find Harlan Hossle was not negligent, you must return a verdict for the Plaintiff, Harlan Hossle.
NO. 16, page 2.
If you find Harlan Hossle was also negligent, you must determine a fourth issue, namely:
4. Was Harlan Hossle’s negligence a proximate cause of his own injury?
If you find that it was not a proximate cause of Harlan Hossle’s injury, you must return a verdict for the Plaintiff, Harlan Hossle.
If you find that Harlan Hossle’s negligence did contribute as a proximate cause of his own injury, Harlan Hossle may still recover if you find that such contributory negligence of Harlan Hossle was “slight” in comparison with the negligence of Kevin Fountain. If you find that Harlan Hossle is contributorily negligent, but that Harlan Hossle’s negligence is under the circumstances slight in comparison with Kevin Fountain’s negligence, Harlan Hossle is still entitled to recover.
If you find that such contributory negligence on the part of Harlan Hossle is more than slight in comparison with the negligence of Kevin Fountain, Harlan Hos-sle cannot recover.
The issues to be determined by you in this case on the Defendant, Kevin Fountain’s Counterclaim are these:
1. Was the Plaintiff, Harlan Hossle, negligent?
If you find Harlan Hossle was not negligent, you will disallow the Counterclaim. If you find the Plaintiff was negligent, you have a second issue to determine, namely:
2. Was Harlan Hossle’s negligence a proximate cause of any property damage to Kevin Fountain?
If you find Harlan Hossle’s negligence was not a proximate cause of Kevin Fountain’s property damage, Kevin Fountain is not entitled to recover and you will disallow the Counterclaim.
NO. 16, page 3.
If you find Harlan Hossle’s negligence was a proximate cause of Kevin Fountain’s property damage, you then must find on a third issue:
3. Was the Defendant, Kevin Fountain, also negligent?
If you find Kevin Fountain was not negligent, you must allow the Counterclaim.
If you find Kevin Fountain was also negligent, you must determine a fourth issue, namely:
4. Was Kevin Fountain’s negligence a proximate cause of his own property damage?
If you find that it was not a proximate cause of Kevin Fountain’s property damage, you must allow the Counterclaim.
If you find that Kevin Fountain’s negligence did contribute as a proximate cause of his own property damage, Kevin Fountain may still recover if you find that such contributory negligence of Kevin Fountain was “slight” in comparison with the negligence of Harlan Hossle. If you find that Kevin Fountain is contributorily negligent, but that Kevin Fountain’s negligence is under the circumstances slight in comparison with Harlan Hossle’s negligence, Kev*887in Fountain is still entitled to recover on the Counterclaim.
If you find that such contributory negligence on the part of Kevin Fountain is more than slight in comparison with the negligence of Harlan Hossle, Kevin Fountain cannot recover and you must disallow the Counterclaim.
NO. 20
A claimant who is contributorily negligent may still recover damages if that contributory negligence is slight, or less than slight, when compared with the negligence of the other party. The term “slight” means small when compared with the negligence of the other party.
In determining this issue you must determine the answer to two questions:
(1) Whether the two parties were negligent; and
(2) If both are negligent,- whether the party’s negligence is
(a) “slight” or less than “slight”, or
(b) more than “slight” in comparison with the other party’s negligence.
In answering the second question you must make a direct comparison between the conduct of the two parties.
Concerning Plaintiff Harlan Hossle’s claim, if you find Harlan Hossle’s contributory negligence is more than slight when compared with the negligence of the Defendant Kevin Fountain, then Harlan Hos-sle is not entitled to recover damages on his claim.
NO. 20, page 2.
Correspondingly, concerning the counterclaim of Defendant Kevin Fountain against Plaintiff Harlan Hossle, if you find Kevin Fountain’s contributory negligence is more than slight when compared with the negligence of the Plaintiff Harlan Hos-sle, then Kevin Fountain is not entitled to recover any damages on his Counterclaim.