Tree Lawsuit has been filed after the family of a Texas father alleged that a falling pecan tree fatally struck him while he dined at a barbecue restaurant in Austin. The lawsuit claims the tree showed visible signs of decay. It also alleges property owners failed to inspect, maintain, remove, or warn customers about the danger.
Kirk Foyle, 64, died on May 19 after a pecan tree fell onto an outdoor patio at Green Mesquite BBQ while storms moved through the Austin area. According to the lawsuit, Foyle was eating outside when the tree suddenly collapsed and struck him.
The complaint states that the tree stood near 1410 Barton Springs Road. Although the trunk stood on neighboring property, branches extended over the restaurant’s outdoor seating area where customers regularly gathered.
The lawsuit names Green Mesquite BBQ and nearby property owners, including Aspen Hatter, as defendants. It alleges the businesses owned or controlled the property where the tree stood. The filing also claims they shared responsibility for maintaining safe conditions.
According to the filing, the tree had become diseased, decayed, and structurally compromised long before the incident. The complaint refers to the tree as the “Widow Maker.” It alleges its dangerous condition was visible or could have been discovered through a reasonable inspection.
The lawsuit further alleges that the defendants failed to inspect, maintain, or remove the tree despite its deteriorating condition. It also claims they never warned customers about the potential danger above the patio.
The family contends that the tree broke at or near its base before falling onto the outdoor dining area. The complaint states that Foyle suffered fatal blunt-force injuries after a falling tree branch struck him. The Travis County Deputy Medical Examiner determined his cause of death was blunt trauma caused by the falling branch.
The defendants have disputed the family’s claims. According to court filings, Green Mesquite has asserted that lightning struck the tree on the night of the collapse. However, Foyle’s family maintains that poor maintenance, rather than a lightning strike, caused the tree to fail.
The complaint also alleges that property owners refinanced the property shortly after the incident. According to the filing, they secured a $960,000 deed of trust about one week after Foyle’s death.
The family accuses the defendants of gross negligence. They argue the businesses knew, or reasonably should have known, that the tree posed a serious hazard to customers.
The lawsuit seeks at least $1 million in damages. The requested compensation includes damages related to Foyle’s death, mental anguish experienced by surviving family members, and legal expenses connected to the case.
The Tree Lawsuit continues through the court system as the defendants respond to the allegations. The claims remain allegations, and the court has not issued findings regarding liability or negligence.
The Tree Lawsuit highlights questions about property maintenance responsibilities and public safety. Future court proceedings will determine whether the defendants bear legal responsibility for the fatal incident.
