Hoffman v. Royer , 1984 S.D. LEXIS 431 ( 1984 )

WOLLMAN,' Justice

(specially concurring in part, dissenting in part).

Given the peculiar wording of the unavoidable accident instruction, the verdict in favor of appellee on his counterclaim constituted an implicit finding by the jury that the accident was not unavoidable. Accordingly, I would hold that any error in giving the instruction was harmless.

I join in the remainder of the majority opinion.