concurring.
I concur in the dissent of Justice Bistline. Additionally, I am at a loss to understand the following statement of the majority to the effect that it is of no consequence that the trial court gave erroneous instructions while using an advisory jury:
Therefore, whether or not the trial court erred in instructing the jury is immaterial since the judge, not the jury, had the responsibility for making the ultimate findings and decision in the matter.
If the trial court did not understand the law when it framed the jury instructions, it seems elementary and a given that it decided the case under a misapprehension of the law.