A Texas father’s family is taking legal action, claiming he suffered fatal injuries from a tragic fall caused by a diseased pecan tree while dining at a barbecue restaurant.
Kirk Foyle, 64, passed away on May 19 when a tree fell on him at Green Mesquite BBQ in Austin, as reported by local news. The tree, which extended over the outdoor patio where Foyle was seated, came down as a storm passed through the area.
This tree, ominously referred to as “Widow Maker,” was situated on property at 1410 Barton Springs Road, but a part of it was intruding into the patio space where Foyle was enjoying his meal.
The lawsuit contends that staff and management at the restaurant neglected to inspect the tree properly, despite it being on property managed by the adjacent Aspen Hatter restaurant.
The complaint alleges that employees at two neighboring businesses allowed trees showing signs of disease to decay without warning customers or taking action to remove or maintain them.
The lawsuit names both Green Mesquite Barbecue and nearby property owners as responsible parties.
According to the complaint, the defendants either knew or should have been aware of the dangerous condition of the tree, which was described as diseased, rotten, or structurally unsafe, yet failed to take necessary precautions like inspection, maintenance, or warning patrons.
Before May 19, 2026, the condition of the Widow Maker was reportedly visibly hazardous. It states that this dangerous condition was either known or should have been known to the defendants through reasonable inspection over a sufficient period.
Foyle’s family claims that he was on the outdoor patio when the tree “suddenly and violently snapped off at or near its base” during the storm. According to the Travis County Deputy Medical Examiner, blunt force trauma from the falling tree branch was determined to be the cause of his death, as stated in the complaint.
Green Mesquite argues that lightning struck the tree the night of the incident, but Foyle’s family and attorney contest this, asserting that poor maintenance was to blame for his death.
Additionally, the application points out that property owners in the vicinity secured a deed of trust worth $960,000 to refinance their property just a week after Foyle’s passing.
The defendants are facing accusations of gross negligence, and the Foyle family is seeking $1 million in damages, which encompass the loss of life, emotional trauma, and legal expenses.
Fox News Digital has reached out to both Green Mesquite and Aspen Hatter for their comments on the matter.
