Family sues Austin BBQ restaurants over fatal falling tree

The family of a Texas man killed by a falling tree at a popular Austin barbecue restaurant has filed a wrongful death lawsuit, alleging the tragedy was preventable and resulted from negligence. Kirk Foyle, 64, died on May 19 after a large pecan tree collapsed onto the outdoor patio of Green Mesquite BBQ on Barton Springs Road as storms moved through the area.

Foyle, a father of four described by friends as a regular patron and a "beautiful soul," was seated on the patio when the tree, referred to in the legal complaint as the "Widow Maker," suddenly broke at its base and fell. According to the Travis County Deputy Medical Examiner, his cause of death was blunt trauma from being struck by a falling branch.

The lawsuit, filed in Travis County District Court, names Green Mesquite BBQ and the owners of a neighboring business, Aspen Hatter, as defendants. It alleges the tree was visibly diseased, decayed, and structurally compromised for a significant period prior to the incident. The complaint states that parts of the tree extended over the restaurant's patio, and that the businesses, which owned or controlled the relevant property, failed to inspect, maintain, or remove the...