A Texas father of four died after a decaying pecan tree fell and crushed him while he was dining outdoors at a popular Austin barbecue restaurant. The family of Kirk Foyle, 64, has filed a $1 million gross negligence lawsuit against the owners of Green Mesquite BBQ and adjacent property owners, claiming the tree posed a foreseeable danger that was ignored.
The incident occurred on May 19, 2026, when Foyle was eating lunch on the patio of Green Mesquite BBQ. The lawsuit states the aging pecan tree, which extended over the restaurant's outdoor seating area, suddenly broke near its base and fell onto the patio amidst storms moving through the region. Foyle's cause of death was blunt trauma sustained from being struck by the falling tree branch, according to the Travis County Deputy Medical Examiner.
Family members described Foyle as a "beautiful soul" and a "wonderful dad." Their lawsuit asserts that the tragedy was "entirely preventable" and that the tree had been structurally compromised and decomposing for years, with visible signs of decay that should have prompted action.
According to the legal petition, both the restaurant and a neighboring business, Aspen Hatter, owned or controlled portions of the property associated with the tree. The plaintiffs allege that these entities had a duty to inspect and maintain the property but failed to do so, allowing the deteriorating tree to remain a hazard over an occupied dining area without warning patrons.
"Mr. Foyle's cause of death was blunt trauma sustained as a result of being 'struck by a falling tree branch,' according to the Travis County Deputy Medical Examiner,' the family's petition says. The lawsuit refers to the tree ominously as the 'Widow Maker.'
Shawn Brown, the attorney representing Foyle's family, characterized the incident as a preventable tragedy rather than an unavoidable act of nature. The court filings contend that the defendants breached their duty to maintain reasonably safe premises for customers.
Green Mesquite BBQ has denied responsibility, with co-owner Rick Garcia suggesting the tree may have been struck by lightning. Garcia also noted Foyle was a beloved regular who was "more than a regular, he was family." However, the lawsuit argues that the alleged defective condition of the tree predated the storms and that weather alone should not absolve the defendants of liability.
The family is seeking $1 million in damages for Foyle's death, mental anguish, and legal costs. The lawsuit also raises questions about a $960,000 deed of trust used to refinance the property just seven days after Foyle's death, suggesting it could impact the funds available if a judgment is rendered.
The defendants have not yet filed a formal response to the allegations in court, and the claims remain unproven. The case is proceeding in Texas courts, where the central dispute will likely focus on whether the businesses knew or should have reasonably known about the tree's dangerous condition.