In Simko v. County of Allegheny, 869 A.2d 571 (Pa. Cmwlth. 2005), the Court held that the real estate exception did not apply where plaintiffs claimed that defective roadway barriers caused their decedents' deaths by failing to protect them from out-of-control drivers. The government's failure to maintain a guardrail allowed a vehicle to go off the road way and strike pedestrians, killing them. The Court held that the real estate exception did not apply and that plaintiffs' claims were barred by immunity. Simko, 869 A.2d at 574-575.