A tragic incident in Austin, Texas, has led to a lawsuit after a pecan tree fell on a restaurant patron. Kirk Foyle, a 64-year-old father, died at Green Mesquite BBQ when the tree collapsed on May 19. He was dining on an outdoor patio during a storm, as reported by Fox 7.
The tree, referred to as a ‘Widow Maker’ in legal documents, was located at 1410 Barton Springs Road. Its branches extended over the patio where Foyle was seated. The lawsuit claims that neither Green Mesquite BBQ nor the adjacent business Aspen Hatter adequately inspected the tree, which showed signs of disease.
The complaint argues that the businesses responsible failed to maintain, remove, or warn patrons of the tree’s hazardous state. It suggests the tree’s dangerous condition was evident and should have been addressed with reasonable care.
Foyle’s family claims he was struck by a falling branch, leading to fatal blunt trauma. The complaint alleges negligence, stating the tree was visibly compromised prior to the incident.
Green Mesquite has indicated that lightning hit the tree the night of the accident, a claim disputed by Foyle’s family and their legal team. They argue neglect, not lightning, was the cause of the deadly collapse.
Further complicating matters, property owners refinanced with a $960,000 deed of trust shortly after Foyle’s death. The lawsuit seeks at least $1 million in damages for gross negligence.
Fox News Digital has contacted both businesses for comments on the matter.
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