(dissenting).
I dissent. It was an abuse of discretion for the circuit court to deny Miller’s request to use an itemized verdict form. This is especially so when one considers that once the circuit court granted Miller’s motion for a directed verdict as to the liability of Hernandez, only the issue of damages remained to be resolved. Under these circumstances, it would be relatively simple for the jury to resolve these additional questions without any undue prejudice to Hernandez. Therefore, Miller was “entitled to have the jury’s expression as to what items of damage for which allowance was made; and how much was given for each item for which allowance was made.” Curtis v. Schwartzman Packing Co., 61 N.M. 305, 311, 299 P.2d 776, 782 (1956). As noted in the conference opinion, “[t]he general verdict form used by the circuit court does not allow this Court to determine what, if any, damages were awarded by the jury on each type of damage claimed which may or may not be subject to prejudgment interest.”
In Stormo v. Strong, 469 N.W.2d 816, 825 (S.D.1991), defendants appealed the jury instruction on the reasonable value of necessary home health care services. In noting that testimony should have been presented on the reasonable value of the home health care services provided, we advised trial courts “in cases such as this to submit special interrogatories to the jury regarding the amount awarded for each element of damages. Such a practice would eliminate confusion over what part of the award, if any, was for such services, and aid in meaningful appellate review.” Id. (Emphasis added.) As in Stormo, the submission of an itemized verdict form to the jury would have eliminated confusion over what damages, if any, were awarded by the jury on each of the types of *273damages claimed and “aid in meaningful appellate review.” Id.
Additionally, I do not agree that the “Plaintiff has waived the issue of prejudgment interest both by her failure to timely point out this problem to the circuit court while the jury was still impanelled [ ] and by her failure to properly raise the issue before this Court.” Miller requested an itemized verdict form and argued under Issue III (Whether the use of a general verdict form prevents meaningful appellate review of a damage award?) that: “The itemization of damages takes on further significance in determining a proper prejudgment interest calculation. The use of a special verdict form would eliminate the need for special interrogatories when determining prejudgment interest awards.” See Meyer v. Dixon Bros., Inc., 369 N.W.2d 658, 661 (S.D.1985) (“If a tort-plaintiff desires prejudgment interest on permissible damage items under SDCL 21-1-13, he or she must request that special interrogatories be submitted to the jury which outline the type, amount, and date of occurrence of damages found by the jury.”).
AMUNDSON, J., joins this dissent.