Family Files Lawsuit After Man Fatally Crushed by Falling Tree at Austin BBQ Restaurant

The family of a Texas man, a father of four, has initiated legal action following his death, which they claim resulted from being “fatally crushed by the preventable falling” of a “diseased” pecan tree while he was dining at a barbecue establishment.

Kirk Foyle, 64, passed away on May 19 when a tree collapsed on him at Green Mesquite BBQ in Austin, according to court documents. The tree reportedly extended over an outdoor patio area where Foyle was seated as severe weather moved through the vicinity.

Referred to in the legal complaint as a “Widow Maker,” the tree was situated at 1410 Barton Springs Road. However, sections of the tree’s canopy encroached upon Green Mesquite’s outdoor patio, where Foyle was positioned.

The lawsuit contends that the tree was never adequately inspected by either the restaurant staff or management of a neighboring business, Aspen Hatter. This alleged oversight occurred despite the tree being “located on, or in part on, property owned and controlled” by these businesses, as stated in the complaint.

The filing asserts that personnel at both local establishments permitted the tree, which allegedly exhibited signs of illness, to decay without issuing warnings to patrons or undertaking necessary maintenance or removal actions.

Green Mesquite BBQ and the adjacent property owners are named as defendants in the lawsuit.

Allegations of Neglect and Visible Hazards

“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 complaint alleges.

It further states, “Prior to May 19, 2026, the Widow Maker was in a dangerous, compromised, decayed, diseased, and/or structurally defective condition.” The legal document adds, “Upon information and belief, the Widow Maker’s dangerous condition was visible, apparent, or discoverable upon reasonable inspection, and had existed for a sufficient period of time that defendants knew or, in the exercise of ordinary care, should have known of its condition.”

According to Foyle’s family, he was seated on the outdoor patio when the tree “suddenly and violently broke at or near its base and fell” as storms were occurring in the area. The Travis County Deputy Medical Examiner determined Foyle’s cause of death to be blunt trauma sustained from being struck by a falling tree branch, as outlined in the complaint.

Disputed Cause and Financial Actions

Green Mesquite has suggested that the tree was struck by lightning on the evening it fell on Foyle. However, his family and their legal representatives dispute this account, maintaining that no lightning strike occurred and that a lack of proper upkeep was the true cause of his death.

The lawsuit also claims that the property owners of the land where the tree was situated secured a $960,000 deed of trust to refinance the property just one week after Foyle’s passing.

The defendants are accused of gross negligence, and the Foyle family is seeking $1,000,000 in damages, encompassing the man's death, mental anguish, and legal expenses.