Family Sues After ‘Widow Maker’ Tree Kills Man at Texas BBQ

A wrongful death lawsuit has been filed by the family of Kirk Foyle, a 64-year-old father of four, who was fatally struck by a falling pecan tree while dining at a popular Austin, Texas, barbecue restaurant. The incident occurred on May 19, when a large section of the tree, described in legal documents as a “Widow Maker,” collapsed onto the outdoor patio of Green Mesquite BBQ, where Foyle was a patron.

Allegations of Negligence and Neglect

The lawsuit, brought forth by Foyle’s family, contends that the tree was diseased and structurally unsound, and that its fall was a preventable tragedy. According to the complaint, the tree, located at 1410 Barton Springs Road, extended over the restaurant’s outdoor seating area. Legal filings allege that neither Green Mesquite BBQ nor the neighboring property owners, identified as Aspen Hatter, took adequate measures to inspect, maintain, or remove the hazardous tree.

Attorneys for the Foyle family assert that the tree exhibited visible signs of decay and structural compromise. The lawsuit claims that defendants “knew, or in the exercise of reasonable care should have known, of the dangerous, diseased, decayed, and/or structurally compromised condition of this tree and failed to inspect, maintain, remove, and/or warn of its dangerous condition.” It further states that the tree’s perilous state had existed long enough for the responsible parties to be aware of it through ordinary diligence.

A Preventable Tragedy?

The Foyle family’s legal team paints a picture of a tree that was visibly deteriorating. “Prior to May 19, 2026, the Widow Maker was in a dangerous, compromised, decayed, diseased, and/or structurally defective condition,” the complaint reads. “Upon information and belief, the Widow Maker’s dangerous condition was visible, apparent, or discoverable upon reasonable inspection, and had existed for a sufficient period of time that defendants knew or, in the exercise of ordinary care, should have known of its condition.”

Eyewitness accounts and the family’s legal assertions suggest that Foyle was seated on the patio amidst stormy weather when the tree “suddenly and violently broke at or near its base and fell.” The Travis County Deputy Medical Examiner later determined Foyle’s cause of death to be blunt force trauma resulting from the impact of the falling tree and its branches.

Conflicting Accounts and Legal Action

Green Mesquite BBQ has reportedly suggested that the tree may have been struck by lightning on the night of the incident. However, Foyle’s family and their legal representatives dispute this claim, maintaining that a lack of proper upkeep and inspection was the direct cause of the fatal accident. This disagreement forms a central point in the ongoing legal battle.

Adding another layer to the case, court documents indicate that the property owners where the tree was situated reportedly secured a $960,000 deed of trust for refinancing purposes just one week after Foyle’s death. The lawsuit accuses the defendants of gross negligence, with the Foyle family seeking $1,000,000 in damages. This compensation is intended to cover the loss of life, mental anguish experienced by the family, and associated legal expenses.

Seeking Accountability

The legal action aims to hold Green Mesquite BBQ and Aspen Hatter accountable for what the family’s attorneys describe as a failure to ensure the safety of their patrons. The lawsuit highlights the critical importance of regular tree inspections and maintenance, especially for trees situated in public or semi-public spaces where they pose a risk to life and limb. The family’s pursuit of damages underscores their profound loss and their desire for justice following the tragic event that claimed Kirk Foyle’s life.

The case is expected to delve into the specifics of property maintenance responsibilities, the duty of care owed by businesses to their customers, and the potential consequences of neglecting such duties. The outcome could have implications for how businesses and property owners manage potential hazards on their premises, particularly those involving natural elements like trees.