AUSTIN, Texas, June 29 (Our Texas Times) — The children of Kirk Foyle have filed a gross negligence lawsuit in Travis County District Court, accusing Green Mesquite BBQ and nearby property owners of failing to address a tree that fell and killed him in Austin.
The complaint says Foyle, 64, was seated on the patio eating at the restaurant on May 19 when the tree, which the filing calls the “Widow Maker,” failed and struck him. The suit says the tree stood at 1410 Barton Springs Road and extended into the patio area.
According to the complaint, the tree showed signs of disease, decay and structural compromise that were visible or could have been found during a reasonable inspection. The filing says the defendants failed to inspect, maintain, remove or warn about the tree’s condition.
The family is seeking $1 million in damages, including for mental anguish and legal costs. The complaint also alleges that the property owners took out a $960,000 deed of trust to refinance the property seven days after Foyle’s death.
The filing further says a Travis County deputy medical examiner listed the cause of death as blunt trauma from being struck by a falling tree branch.
Green Mesquite said after the death that the tree had apparently been hit by lightning, a claim the lawsuit disputes.
