This is a companion case of, arose out of the same accident *521as, was based on the evidence submitted in, and is controlled by Maresh v. State, ante p. 496, 489 N.W.2d 298 (1992), decided this date. The State of Nebraska has appealed the judgment order of the district court entered on November 6, 1989, sustaining the motion for summary judgment filed by the plaintiff, Blankenau, which judgment is affirmed.

Affirmed.