The family of a Texas man has filed a lawsuit alleging that two Austin businesses failed to maintain a diseased tree that crushed him to death at a barbecue restaurant.
Kirk Foyle, 64, died on May 20 after a pecan tree fell on him while he ate on the outdoor patio at Green Mesquite BBQ in Austin. The tree, described as a "Widow Maker," broke during storms on the evening of May 19.
Foyle's family filed the petition last week against Green Mesquite and neighboring business Aspen Hatter. It claims both companies knew or should have known about the tree's dangerous, decayed condition on property they controlled but did not inspect, prune, or remove it.
The suit seeks at least $1 million in damages. Attorney Shawn Brown said responsible landowners must maintain sick trees to prevent such tragedies. Green Mesquite and Aspen Hatter declined to comment on the lawsuit.
