The family of Kirk Foyle, a 64-year-old father of four, has filed a lawsuit seeking at least $1 million in damages after he was fatally crushed by a falling pecan tree on May 19. The incident occurred while Foyle was dining at Green Mesquite BBQ in Austin, Texas, as storms moved through the area.
The lawsuit alleges that the tree, described as a "Widow Maker" in the complaint, was diseased and decayed. The tree, located at 1410 Barton Springs Rd, extended over the outdoor patio where Foyle was seated. According to the complaint, restaurant staff and management at a neighboring business, Aspen Hatter, failed to properly inspect, maintain, or remove the tree, despite its allegedly visible signs of decay and structural compromise.
"Defendants knew, or in the exercise of reasonable care should have known, of the dangerous, diseased, decayed, and/or structurally compromised condition of this tree and failed to inspect, maintain, remove, and/or warn of its dangerous condition," the lawsuit states. "Prior to May 19, 2026, the Widow Maker was in a dangerous, compromised, decayed, diseased, and/or structurally defective condition."
The family's complaint contends that the tree "suddenly and violently broke at or near its base and fell" onto Foyle. The Travis County Deputy Medical Examiner determined the cause of death to be blunt trauma sustained from being struck by the falling tree branch. The lawsuit names Green Mesquite BBQ and Aspen Hatter as defendants, accusing them of gross negligence.
Green Mesquite BBQ has reportedly claimed the tree was struck by lightning the night of the incident. However, Foyle's family and their attorneys dispute this, asserting that the lack of maintenance was the direct cause of his death.
Further details in the filing indicate that property owners refinanced the property for $960,000 just one week after Foyle's death. The family is seeking damages for wrongful death, mental anguish, and legal costs. Fox News Digital has reached out to Green Mesquite BBQ and Aspen Hatter for comment.