Texas Family Sues After Father’s Death from Falling Tree at BBQ Restaurant

The family of a Texas father of four is taking legal action after he died following what they describe as a tragic accident linked to a pecan tree. Kirk Foyle, 64, passed away on May 19 when a tree fell on him while he was enjoying a meal at Green Mesquite BBQ in Austin, as a storm swept through the area.

The tree, called “Widow Maker” in the lawsuit, was situated over the outdoor patio where Foyle was seated. According to reports, the tree extended into the dining area from the property of a neighboring establishment, Aspen Hatter.

The legal complaint claims that the restaurant staff failed to properly maintain and inspect the tree, which officials say showed signs of decay. The lawsuit names both Green Mesquite Barbecue and the adjacent property owners as defendants.

Details in the complaint indicate that employees at nearby businesses allowed diseased trees to remain unaddressed, lacking warnings to patrons. The Foyle family alleges negligence on behalf of the defendants, asserting they should have recognized the tree was in a hazardous condition.

They recounted how Foyle was seated outside when, suddenly, the tree “snapped off” at its base amid the storm, with his cause of death confirmed as blunt force trauma from the incident.

Interestingly, Green Mesquite contends that the tree had been struck by lightning just before Foyle’s death, a claim that the family, along with their attorney, disputes, attributing responsibility instead to a lack of proper maintenance.

Additionally, it was noted that property owners near the incident managed to refinance their property for $960,000 a week after the fatality, which raised some eyebrows about their response to the situation.

The family is seeking $1 million in damages for the loss of Foyle, as well as for emotional distress and legal expenses. Fox News Digital has reached out to both Green Mesquite and Aspen Hatter for their respective comments on this lawsuit.