A Texas family has filed a lawsuit after a father of four was fatally crushed by a falling tree while eating at a barbecue restaurant. The incident occurred on May 19 when a diseased pecan tree fell on Kirk Foyle, 64, at Green Mesquite BBQ in Austin. The tree was located near an outdoor patio area where Foyle was seated, and its branches extended over the patio. The family alleges that the tree's condition was preventable and that the restaurant and neighboring businesses failed to properly inspect and maintain it.
The tree, referred to as a "Widow Maker," showed signs of disease and decay, but staff at the restaurant and nearby businesses did not take action to warn customers or remove the tree. The lawsuit claims that the defendants knew or should have known about the tree's dangerous condition and failed to take reasonable care to inspect, maintain, or remove it. The complaint alleges that the tree's condition was visible and apparent, and that the defendants had a sufficient amount of time to discover and address the issue.
According to the lawsuit, Foyle was sitting on the outdoor patio when the tree suddenly broke at its base and fell, striking him with a branch. The cause of death was determined to be blunt trauma sustained as a result of being struck by the falling tree branch. The restaurant has alleged that the tree was struck by lightning on the night of the incident, but the family and their attorneys dispute this claim, arguing that the lack of upkeep was the reason for Foyle's death.
The lawsuit names Green Mesquite BBQ and nearby property owners as defendants, accusing them of gross negligence. The Foyle family is seeking $1,000,000 in damages related to the man's death, mental anguish, and legal costs. The property owners of the area where the tree was located took out a $960,000 deed of trust just a week after Foyle's death, which the family's attorneys have noted in the filing. The defendants have been accused of failing to prioritize the safety of their customers, and the family is seeking justice for Foyle's preventable death.
