In Patton v. Department of Transportation, 669 A.2d 1090 (Pa. Cmwlth. 1996), reversed on other grounds, 546 Pa. 562, 686 A.2d 1302 (1997), the plaintiff's decedent was killed when a large tree limb overhanging the state highway fell onto her car. The evidence demonstrated that the tree itself was within DOT's right-of-way. The Court held that the evidence also supported a finding that the presence of the tree limb constituted a dangerous condition (due to the topping of the tree and the disproportionate size of the limb) and that DOT's failure to remove the branch prior to the accident was the type of negligence for which immunity was waived by section 8522(b)(4).