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Jurisdictions that have considered whether willful and wanton misconduct can be compared to mere negligence have reached different conclusions. See Annotation, Application of Comparative Negligence in Action Based on Gross Negligence, Recklessness, or the Like, 10 A.L.R.4th 946, 948-52 (1981); Allan L. Schwartz, Annotation, Applicability of Comparative Negligence Principles to Intentional Torts, 18 A.L.R.5th 525, 533-40 (1994); Burke v. 12 Rothschild's Liquor Mart, Inc., 148 Ill. 2d 429, 170 Ill. Dec. 633, 593 N.E.2d 522, 528-32 (1992); and Martel v. Montana Power Co., 231 Mont. 96, 752 P.2d 140, 143 (1988). 


Nebraska's comparative negligence law, Neb. Rev. Stat. §§ 25-21,185 to 25-21,185.12 (Reissue 1995), applies only to civil actions in which contributory negligence is a defense. § 25-21,185.07. The court has previously recognized that contributory negligence is not a defense to an intentional tort. ''Where the defendant's conduct is actually intended to inflict harm upon the plaintiff, there is a difference, not merely in degree but in the kind of fault; and the defense [contributory negligence] never has been extended to such intentional torts.'' Omaha Nat. Bank v. Manufacturers Life Ins. Co., 213 Neb. 873, 881-82, 332 N.W.2d 196, 202 (1983), quoting William L. Prosser, ...

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