In Woollen v. State, 256 Neb. 865, 593 N.W.2d 729 (1999), an individual suffered personal injury after losing control of his vehicle on a state highway during a steadily falling rain. The injured party sued the State of Nebraska and, after a trial, was awarded damages. The State appealed, alleging that it was immune from suit under the State Tort Claims Act because the evidence showed that the accident was caused by "'temporary conditions caused by nature . . . due to weather conditions.'" Woollen, 256 Neb. at 876, 593 N.W.2d at 738. See Neb. Rev. Stat. 81-8,219(10) (Cum. Supp. 1992). Section 81-8,219(10) is nearly identical to 13-910(10), and we adopt the court's interpretation in Woollen as applicable to the instant case. In Woollen, the court wrote: "The State raised the immunity issue as an affirmative defense to Woollen's petition. As such, the burden of proving it rested upon the State." 256 Neb. at 877, 593 N.W.2d at 738. "Thus, the immunity issue must be evaluated on appeal in light of the proof introduced at trial." Id. The evidence in Woollen, as found by the trial court and accepted as true on appeal, was that the road surface at the accident scene was marred by ruts in the road, that the State had actual knowledge of the rutted condition and the occurrence of prior accidents, and that the State knew the ruts created an unacceptable risk or danger that violated the State's own safety standards. The State did not repair the ruts, post a warning, or use other means to alert motorists of the danger caused by the ruts. The trial court determined that because of the ruts at the location, rainwater pooled at the base of a slight slope in the road instead of draining off the road, and that the pooled water increased the underlying dangerous condition of the road caused by the ruts. The Nebraska Supreme Court held as follows: "Based on these facts, the trial court found that the underlying rutted condition of the road at the location of the accident, and not the weather on February 14, 1992, was a proximate cause of Woollen's loss of control of his vehicle and ensuing collision into the culvert headwall, that is, the ruts on the road were a condition created over time which caused Woollen's accident, and his accident was not due to a temporary condition caused by nature due to the weather. The trial court's findings are supported by evidence in the record, and we cannot say that they are clearly incorrect." Id. at 877, 593 N.W.2d at 739. The trial court went on to hold that as a matter of law, the State was not immune from suit because "the defective condition of the highway, rather than a temporary condition caused by nature due to weather conditions, caused the accident." Id. at 878, 593 N.W.2d at 739. "The trial court determined that the ruts were the underlying cause of Woollen's accident, separate and independent from the rain that was falling at the time Woollen lost control of his car and as such, that the ruts were a proximate cause of Woollen's accident and injuries." Id. On the review of the record, the Nebraska Supreme Court concluded that the trial court's findings were not clearly incorrect, and based on their independent review of the law, they affirmed the trial court's conclusion that the State was not immune from suit under 81-8,219(10).