The family of Kirk Foyle has filed a wrongful death lawsuit after a pecan tree fell onto an outdoor patio at Green Mesquite BBQ in Austin, Texas, and fatally injured him during storms on May 19. The lawsuit accuses the restaurant and nearby property owners of gross negligence and seeks at least $1 million in damages.
Foyle, 64, was seated outside the Barton Springs Road restaurant when the tree collapsed. The complaint alleges the tree had been diseased, decayed, and structurally compromised before it fell.
Fatal Collapse on Restaurant Patio
The incident happened outside Green Mesquite BBQ, a longtime Austin restaurant near the Zilker neighborhood. Foyle was on the patio when the pecan tree broke and fell into the seating area.
Emergency crews were called after reports of a person trapped under a fallen tree. One adult patient was taken with critical injuries to the hospital, and Foyle later died.
The lawsuit identifies Foyle as a father of four. Friends and community members described him as a regular presence along Barton Springs Road.
Lawsuit Names Businesses and Property Owners
The family’s civil complaint names Green Mesquite BBQ and neighboring property interests tied to Aspen Hatter. The case was filed in Travis County, where the restaurant and nearby businesses are located.
The complaint alleges the tree was on or partly on property controlled by the defendants. It also alleges branches extended into Green Mesquite’s patio area, where customers were seated.
The family claims the defendants failed to inspect, maintain, remove, or warn customers about the tree. Those claims have not been proven in court.
“Widow Maker” Tree Cited in Complaint
The legal filing refers to the pecan tree as the “Widow Maker.” The complaint alleges the tree had visible signs of disease, decay, and structural failure before the collapse.
The family argues the tree’s condition was discoverable through reasonable inspection. The lawsuit says the danger existed long enough for the defendants to know about it, or to have known about it.
The complaint describes the tree as dangerous and structurally compromised. It alleges that no adequate action was taken before customers were allowed to sit near it.
Lightning Claim Disputed by Family
Green Mesquite previously said that Foyle was struck by a tree, apparently struck by lightning, during storms. The family disputes that account and argues the collapse stemmed from a lack of upkeep.
That dispute could become central to the case. If severe weather caused an unforeseeable collapse, the defense may argue that the incident was unavoidable.
The family’s attorneys are expected to focus on the tree’s condition before the storm. An expert arborist’s analysis may determine whether decay, root damage, or disease weakened the tree before May 19.
Emergency Response Followed Storm Damage
Severe weather moved through Central Texas that night. The tree fell during a storm system that also brought wind, rain, and damage to the region.
Austin-Travis County EMS responded to the area near 1400 Barton Springs Road around 9:20 p.m. Austin Fire Department crews assisted at the scene, including removing the patient from under the fallen tree.
Green Mesquite later identified Foyle as a longtime customer and member of the Zilker community. The restaurant offered condolences after confirming Foyle’s death publicly.
Damages Claim Tops $1 Million.
The family is seeking at least $1 million for Foyle’s death, mental anguish, legal costs and other damages. The lawsuit accuses the defendants of gross negligence, a claim that requires a higher legal standard than ordinary negligence.
The filing also raises a financial issue involving property connected to the tree. The complaint alleges property owners took out a $960,000 deed of trust to refinance the property days after Foyle died.
That refinancing allegation does not establish liability. It may become part of the civil dispute over available assets and potential recovery if the family prevails and seeks damages.
Property Control Could Shape Case
A key issue will be who controlled the tree and who had legal responsibility to inspect it. The tree’s location near property boundaries may complicate that question.
Businesses can face liability when customers are invited into spaces with unsafe conditions. Property owners may also face claims when hazards extend across lines or into public-facing areas.
The lawsuit alleges both the restaurant and nearby property owners had enough control to act. Defendants may dispute that and argue responsibility rested elsewhere.
Inspection Records May Become Key Evidence
The case may turn on maintenance records, photos, surveillance video, tree remnants, and witness statements. Arborists may examine whether the tree showed visible signs of disease before it fell.
Weather records may also matter. Wind speeds, lightning data, and rainfall timing could help determine how the tree failed.
If records show prior warnings or visible decay, the family’s claim could strengthen. If the evidence supports a sudden weather-related failure, the defense could argue that the collapse was not reasonably foreseeable.
Civil Case Moves Forward in Austin
No criminal charges have been announced. The lawsuit remains a civil case focused on negligence, property control, and damages.
The defendants have not publicly offered a detailed legal response to the allegations. Court filings will likely set out their position as the case moves through early proceedings.
The next phase is expected to include responses from defendants, evidence requests, and expert review of the tree, property, and storm conditions.
