Dad eating at BBQ joint crushed by 'diseased' pecan tree that hung over restaurant's patio, businesses let it rot without taking care of it or warning patrons: Lawsuit

A Texas begetter of 4 eating astatine a BBQ associated was "fatally crushed by the preventable falling" of a "diseased" pecan tree, with unit astatine 2 section businesses letting it rot and decay without informing patrons oregon doing thing to support it, a lawsuit says.

"Defendants knew, oregon successful the workout of tenable attraction should person known, of the dangerous, diseased, decayed, and/or structurally compromised information of this histrion and failed to inspect, maintain, remove, and/or pass of its unsafe condition," a ineligible petition filed by Kirk Foyle's household alleges.

Foyle, 64, died connected May 20 aft being crushed at Green Mesquite BBQ successful Austin, the petition says. The histrion that killed him was hanging implicit an outdoor patio country wherever Foyle was eating connected the evening of May 19, his household alleges.

The "hazardous" histrion — referred to arsenic a "Widow Maker" — was ne'er pruned, inspected, oregon maintained by edifice unit oregon absorption astatine a neighboring business, Aspen Hatter, contempt being "located on, oregon successful portion on, spot owned and controlled" by the businesses, according to the petition.

"Prior to May 19, 2026, the Widow Maker was successful a dangerous, compromised, decayed, diseased, and/or structurally defective condition," the petition says. "Upon accusation and belief, the Widow Maker's unsafe information was visible, apparent, oregon discoverable upon tenable inspection, and had existed for a capable play of clip that defendants knew or, successful the workout of mean care, should person known of its condition."

According to Foyle's family, helium was connected the outdoor patio erstwhile the histrion "suddenly and violently broke astatine oregon adjacent its basal and fell" portion storms were moving done the area. "Mr. Foyle's origin of decease was blunt trauma sustained arsenic a effect of being 'struck by a falling histrion branch,' according to the Travis County Deputy Medical Examiner," the family's petition says.

Green Mesquite has alleged that the histrion was struck by lightning that night. Foyle's household and their attorneys accidental this ne'er happened, and alternatively blasted his "tragic and preventable death" connected the deficiency of upkeep.

"You person to beryllium a liable landowner," lawyer Shawn Brown told section ABC affiliate KVUE. "You request to marque definite that if you person a histrion connected your property, that if it is sick, that you region it, that you instrumentality attraction of it truthful that situations similar this bash not happen."

Brown says Foyle had "four beauteous kids" who mislaid their begetter done "no responsibility of his own," KVUE reports. "People request to beryllium held responsible," helium told the station.

The family's ineligible petition, which was filed past week, says Green Mesquite and Aspen Hatter failed to inspect the histrion for "signs of disease, decay, structural weakness, oregon instability." The businesses besides allegedly failed to "engage qualified arborists oregon histrion attraction professionals to measure the condition" of the tree.

Additionally, the businesses failed to pass patrons, guests and neighboring businesses of the "dangerous condition" of the tree; failed to instrumentality "adequate precautions" to forestall the histrion from falling onto adjacent occupied areas; and failed to erect barriers, fencing, oregon different protective measures adjacent the tree.

Foyle's household is seeking astatine slightest $1 cardinal successful damages.

"I was shocked, I couldn't judge it," Green Mesquite co-owner Rick Garcia told KVUE successful May aft Foyle's death. "We're each nether trees each the clip and hanging out, and you conscionable ne'er deliberation that thing similar that could happen."

Brown told the Austin American-Statesman, "If they're going to person an outdoor patio that is bringing crowds of radical beneath these beauteous trees, they request to marque definite that they support them connected a regular basis."

Both Aspen Hatter and Green Mesquite declined to remark connected the suit erstwhile reached by the American-Statesman.