The family of Kirk Foyle, a 64-year-old father of four, has filed a lawsuit alleging that he was fatally crushed by a diseased pecan tree while dining at Green Mesquite BBQ in Austin, Texas. The incident occurred on May 19 when the tree, referred to in the complaint as a "Widow Maker," fell onto the outdoor patio where Foyle was seated during a period of storms.
The lawsuit names Green Mesquite BBQ and neighboring property owner Aspen Hatter as defendants. It asserts that the businesses knew or should have known about the tree's dangerous, decayed, and structurally compromised condition. According to the complaint, the tree, located at 1410 Barton Springs Rd, extended over the restaurant's outdoor seating area and showed visible signs of disease that were allegedly ignored by staff and management.
Attorneys for the Foyle family contend that the defendants failed to adequately inspect, maintain, remove, or warn about the tree's hazardous state. The lawsuit claims the tree's dangerous condition had existed for a sufficient period to be discoverable through reasonable inspection. Foyle's death was attributed to blunt trauma sustained from being struck by the falling tree branch, as determined by the Travis County Deputy Medical Examiner.
While Green Mesquite BBQ has suggested the tree may have been struck by lightning, the Foyle family and their legal representatives dispute this, attributing the fatal incident to the tree's lack of upkeep. The lawsuit accuses the defendants of gross negligence and seeks $1 million in damages for wrongful death, mental anguish, and legal costs.
Court documents also note that the property owners involved took out a $960,000 deed of trust to refinance the property just one week after Foyle's death.