Lawsuit filed after tree dubbed 'Widow Maker' fatally crushes man at Texas BBQ restaurant

The family of a Texas father of four has filed a lawsuit after he was allegedly killed when a “diseased” pecan tree fell and crushed him while he was dining at a barbecue restaurant.

Kirk Foyle, 64, died following the May 19 incident at Green Mesquite BBQ in Austin, according to the lawsuit, as reported by Fox 7. Authorities said the tree came down over an outdoor patio where Foyle had been eating while storms were moving through the area.

The complaint refers to the tree as a “Widow Maker” and says it was located at 1410 Barton Springs Road, with portions extending into Green Mesquite’s patio area, where Foyle was seated, the outlet reported.

Green Mesquite BBQ in Austin, Texas

The family of a man killed by a falling tree at Green Mesquite BBQ in Austin, Texas, has filed a lawsuit against the restaurant. (Google Maps)

According to the lawsuit, the tree was never properly inspected by employees or management at Green Mesquite BBQ or the neighboring business, Aspen Hatter, despite allegedly being “located on, or in part on, property owned and controlled” by the businesses.

The filing claims employees at the two local businesses allowed the tree, which allegedly showed visible signs of disease, to decay without warning customers or taking steps to maintain or remove it.

Green Mesquite BBQ and nearby property owners are named as defendants in the lawsuit.

Green Mesquite BBQ

In the lawsuit, the tree that crushed Kirk Foyle is referred to as the “Widow Maker.” (Google Maps)

“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,” the complaint alleges.

“Prior to May 19, 2026, the Widow Maker was in a dangerous, compromised, decayed, diseased, and/or structurally defective condition,” it 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.”

According to the Foyle family, he was sitting on the outdoor patio when the tree “suddenly and violently broke at or near its base and fell” as storms were moving through the area. Foyle’s cause of death was determined to be blunt trauma sustained as a result of being struck by a falling tree branch, according to the Travis County Deputy Medical Examiner, the complaint says.

Green Mesquite has alleged that the tree was struck by lightning the night it crushed Foyle, but his family and their attorneys contend that this never happened and that the lack of upkeep was the reason for his death, according to Law & Crime.

The filing also claims that the property owners of the area where the tree was located took out a $960,000 deed of trust used to refinance the property just a week after Foyle’s death.

The defendants are sued for gross negligence

The defendants are accused of gross negligence, and the Foyle family is seeking at least $1 million in damages. (Google Maps)

The defendants are accused of gross negligence, and the Foyle family is seeking $1,000,000 in damages related to the man’s death, mental anguish and legal costs.

News Agency reached out to Green Mesquite and Aspen Hatter for comment.

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