California, United States of America
The following excerpt is from Goncalves v. Los Banos Min. Co., 23 Cal.Rptr. 21 (Cal. App. 1962):
All of the facts surrounding the happening of the accident and the action of the person charged with wilful misconduct must be weighed, and the essential implied finding from proven facts must be that the person charged intended actually to harm another or to do an act with a positive, active and absolute disregard of its consequences. The intention referred to relates not to the doing of the act itself, but to the wilfulness of the misconduct, and the misconduct must be 'the intentional doing of something either with a knowledge that serious injury is a probable (as distinguished from a possible) result, or the intentional doing of an act with a wanton and reckless disregard of its possible result.' (Meek v. Fowler, supra, 3 Cal.2d 420, 426, 45 P.2d 194, 198.)
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