Family sues Austin BBQ restaurant after decayed pecan tree kills dad of 4
Key Points:
- Kirk Foyle, a 64-year-old Texas father of four, died after a diseased pecan tree fell on him at Green Mesquite BBQ in Austin on May 19, prompting his family to file a lawsuit alleging negligence.
- The lawsuit claims the tree, described as a "Widow Maker," was visibly diseased and structurally compromised but was never properly inspected or maintained by Green Mesquite BBQ or neighboring business Aspen Hatter.
- The Foyle family alleges that the businesses knew or should have known about the tree’s dangerous condition and failed to warn customers or take action to prevent the fatal accident.
- Green Mesquite BBQ claims the tree was struck by lightning during storms, but the family disputes this, attributing the death to lack of upkeep, and is seeking $1 million in damages for negligence and related costs.
- The lawsuit also notes that the property owners refinanced the area with a $960,000 deed of trust shortly after Foyle’s death, raising further concerns about their handling of the property.