Patton v. Commonwealth, Department of Transportation

KELTON, Senior Judge.

This case arises from the death of Brenda L. Patton when a large tree limb, overhanging the state highway on which she travelled, fell onto her car. Donald Patton (Patton), Administrator of Brenda Patton’s estate, filed a wrongful death and survival action in the Court of Common Pleas of Chester County against the Commonwealth of Pennsylvania, Department of Transportation (DOT), alleging that DOT was negligent in maintaining the roadway and tree. A jury returned a verdict in favor of Patton. DOT appeals from the April 10, 1995 order of the trial court, denying DOT’s…