Family sues Austin BBQ restaurant after decayed pecan tree kills dad of 4
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The family of a Texas father of four is suing over allegations the man was “fatally crushed by a preventable fall” from a “diseased” pecan tree while dining at a barbecue restaurant.
According to Fox 7, 64-year-old Kirk Foyle died when a tree fell on him at Green Mesquite BBQ in Austin on May 19. The tree hung over the outdoor patio area where Foyle was eating as storms moved through the area.
The tree referred to in the complaint as the “Widowmaker” was located at 1410 Barton Springs Rd, but parts of the tree extended into the outdoor patio area of Green Mesquite, where Foyle lived, according to the outlet.
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The family of a man who died after being struck by a falling tree at Green Mesquite BBQ in Austin, Texas, is suing the restaurant. (Google Maps)
The tree was never properly inspected by restaurant staff or management at the neighboring business, Aspen Hatter, even though the tree was “located on or in part on property owned and controlled” by the businesses, according to the lawsuit.
The complaint alleges that staff at two local businesses allowed a tree allegedly showing signs of disease to rot without alerting customers or taking any action to maintain or remove the tree.
The lawsuit names Green Mesquite BBQ and nearby property owners as defendants.
The tree that crushed Kirk Foyle is called the “Widowmaker” in the lawsuit. (Google Maps)
“Defendants knew or should have known in the exercise of reasonable care of the dangerous, diseased, decayed and/or structurally deteriorated condition of this tree and failed to inspect, maintain, remove and/or warn of its dangerous condition,” the complaint alleges.
“Prior to May 19, 2026, Widow Maker was in a dangerous, damaged, decayed, diseased and/or structurally defective condition,” it reads. “Upon information and belief, Widowmaker’s dangerous condition was apparent, obvious, or discoverable upon reasonable examination and existed for a sufficient period of time that defendants knew or should have known of his condition in the course of ordinary care.”
According to the Foyle family, they were sitting on their outdoor porch when the tree “suddenly and violently broke and fell at or near its base” as storms moved through the area. Foyle’s cause of death was determined to be blunt force trauma from being struck by a falling tree limb, according to the Travis County Deputy Medical Examiner, the complaint states.
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Green Mesquite claimed the tree was struck by lightning the night he ran over Foyle, but his family and attorneys claim that never happened and the cause of death was lack of maintenance, according to Law & Crime.
The filing also alleges that property owners in the area where the tree was found issued a $960,000 deed of trust that was used to refinance the property just a week after Foyle’s death.
The defendants are accused of gross negligence, and the Foyle family is seeking at least $1 million in damages. (Google Maps)
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The defendants are accused of gross negligence, and the Foyle family is seeking $1,000,000 in damages for the man’s death, mental anguish and legal fees.
Fox News Digital has reached out to Green Mesquite and Aspen Hatter for comment.
