Austin, Texas — The family of a Texas father of four has filed a wrongful death lawsuit after a large pecan tree collapsed onto an outdoor dining area at a popular Austin barbecue restaurant, alleging the tragedy could have been prevented if the tree had been properly maintained.
The lawsuit claims 64-year-old Kirk Foyle was killed when a diseased tree, described in court filings as the “Widow Maker,” suddenly fell while he was eating on the restaurant’s patio during severe weather on May 19.
His family argues the tree had shown signs of deterioration long before the incident and that property owners failed to take reasonable steps to address the hazard.
Family Claims Dangerous Tree Was Ignored
According to the lawsuit, Foyle was dining outside at Green Mesquite BBQ on Barton Springs Road when the tree collapsed.
Court documents allege the pecan tree extended over the restaurant’s outdoor seating area and had become structurally unsafe because of decay and disease.
The lawsuit contends that both the restaurant and neighboring property owners either knew—or should have known—that the tree posed a serious danger.
Attorneys claim the tree had never been properly inspected despite allegedly showing obvious signs of deterioration.
“Defendants knew, or in the exercise of reasonable care should have known, of the dangerous, diseased, decayed, and/or structurally compromised condition of this tree and failed to inspect, maintain, remove, and/or warn of its dangerous condition,” the lawsuit states.
The complaint further alleges the hazardous condition existed long enough that it would have been discovered during a reasonable inspection.
Tree Collapsed During Severe Weather
The incident occurred as storms moved through the Austin area.
According to the lawsuit, Foyle was seated on the outdoor patio when the tree suddenly broke near its base and fell onto the dining area.
The Travis County Deputy Medical Examiner determined that Foyle died from blunt force trauma caused by a falling tree branch, according to the court filing.
His death shocked family members and the local community, with relatives describing the incident as entirely preventable.
Dispute Over What Caused the Tree to Fall
The lawsuit also challenges claims made regarding the cause of the collapse.
According to the filing, Green Mesquite has suggested the tree may have been struck by lightning during the storm, leading to the fatal accident.
However, Foyle’s family strongly disputes that explanation.
Their attorneys argue there is no evidence the tree was hit by lightning and instead contend that years of decay, disease, and lack of maintenance caused the tree to fail.
The lawsuit names Green Mesquite BBQ along with nearby property owners, including businesses allegedly responsible for maintaining the property where the tree stood.
Family Seeks More Than $1 Million in Damages
The lawsuit accuses the defendants of gross negligence and seeks more than $1 million in damages.
The requested compensation includes damages related to Foyle’s death, the family’s mental anguish, legal expenses, and other losses.
Court documents also allege that property owners refinanced the property through a $960,000 deed of trust approximately one week after Foyle’s death, though the filing does not claim that refinancing caused the incident.
The defendants have not yet responded publicly to the allegations contained in the lawsuit.
Case Heads to Court
The wrongful death lawsuit will now move through the legal process as both sides present evidence regarding the condition of the tree and whether property owners met their legal responsibilities.
At the center of the case is the family’s claim that a routine inspection and proper maintenance could have prevented a tragedy that claimed the life of a husband and father of four.
The court will ultimately determine whether negligence played a role in the fatal incident and whether the defendants bear legal responsibility for Foyle’s death.
What are your thoughts on property owners’ responsibility to inspect and maintain potentially dangerous trees?
Do you think businesses should face stricter safety requirements to help prevent similar tragedies? Share your thoughts respectfully in the comments below.