(concurring specially).
I concur with the majority opinion.
The sole purpose of this writing is to respond to the special writing of Chief Justice Wuest. Although I agree with the concerns expressed by the Chief Justice, I believe those concerns are misplaced in this case.
Admittedly, appellants’ counsel failed to comply with the procedural requirements regarding proposed instructions. However, the trial court undertook to inadequately and incompletely instruct on the law (as indicated by the majority) after timely and proper objection was made by appellants’ counsel. Under the settled law of this state, the trial court has committed prejudicial error by failing to fulfill its duty to instruct on the applicable law of the case. Wang v. Wang, 393 N.W.2d 771 (S.D.1986); Runge v. Prairie States Ins. of Sioux Falls, 393 N.W.2d 538 (S.D.1986); Kappenman v. Action Inc., 392 N.W.2d 410 (S.D.1986); Wheeldon v. Madison, 374 N.W.2d 367 (S.D.1985); Rosenberg v. Mosher, 331 N.W.2d 79 (S.D.1983); Black v. Gardner, 320 N.W.2d 153 (S.D.1982). Therefore, it is appropriate for us to review the trial court’s instructions and to reverse and remand for a new trial.