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 Oklahoma law is instructive In Graham v. Keuchel, 1993 OK 6, 847 P.2d 342, 362, the Court explained that the common law divides 'actionable tortious conduct into (1) negligence, and (2) willful acts that result in intended or unintended harm.' In the lower tier of tortious conduct lie three levels of negligence. Id. These are defined by statute in Oklahoma as slight negligence, ordinary negligence, and gross negligence. See Okla. Stat. tit. 25, §§ 5 & 6 (2001). In the higher tier lie two distinct levels: (1) wilful and wanton misconduct and (2) intentional misconduct. Id. at 362-363.


The level termed 'wilful and wanton' misconduct, according to Professor Prosser, occupies 'a penumbra of what has been called 'quasi intent'' lying between gross negligence and intentional conduct. William L. Prosser, Handbook of the Law of Torts § 34, at 184 (4th ed. 1971). As Graham explained: the intent in wilful and wanton misconduct is not an intent to cause the injury; it is an intent to do an act - or the failure to do an act - in reckless disregard of the consequences and under such circumstances that a reasonable man would know, or ...

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