The family of a man who tragically lost his life due to a falling pecan tree at an Austin BBQ restaurant has initiated legal proceedings against the establishment and nearby property owners. They are alleging that the tree, which had shown clear signs of decay, was neglected, leading to their father’s death.
The lawsuit was filed by the children of Kirk Foyle, who died after the tree fell on him while he was enjoying an evening on the patio of Green Mesquite BBQ. The family is seeking $1 million in damages, citing gross negligence on the part of the restaurant and adjacent property owners who they claim failed to address the tree’s deteriorating condition.
On the evening of May 19, 64-year-old Kirk Foyle, known affectionately as the “Mayor of Barton Springs” by his friends, was at Green Mesquite BBQ when the tragic incident occurred. The tree, referred to in the lawsuit as the “Widowmaker,” was located at 1410 Barton Springs Rd, with branches stretching into the restaurant’s outdoor seating area where Foyle was sitting.
The lawsuit contends that the tree was in a hazardous state, which the defendants allegedly ignored. They are accused of not conducting proper inspections, failing to take necessary action to treat or remove the tree, and not warning patrons about the potential risks associated with its condition.
The Foyle family is not only pursuing financial compensation for their loss but is also questioning a significant refinancing transaction of $960,000 that the property owners executed just days after Foyle’s death. This development could potentially affect the financial resources available for any future judgment in the case.
The lawsuit has been filed in the Travis County District Court, marking the beginning of a legal battle over the events that led to this unfortunate loss.
