NEED TO KNOW
Father of four, Kirk Foyle, died after a tree fell on him during a storm while he was dining at Green Mesquite BBQ restaurant in Austin
Foyle’s family alleges the tree was in a dangerous condition and is seeking $1 million in damages
The restaurant claims the tree was struck by lightning and expressed condolences to Foyle’s family and friends
A Texas father of four was killed when a tree fell on him while he was dining at a restaurant.
On May 19, 64-year-old Kirk Foyle was critically injured when a pecan tree fell on him while he was eating at Green Mesquite BBQ in Austin. He was transported to the hospital, where he died the following day, FOX 7 Austin, KXAN and Law & Crime reported.
The Green Mesquite
Credit: Google Maps
“The Austin Fire Department (AFD) responded to 1400 Barton Springs Road on May 19 for a hazardous conditions call that came in at 9:29 p.m.,” the AFD said in a statement to PEOPLE. “The caller reported an adult male trapped underneath a fallen tree. He was transported to an area hospital by ATCEMS.”
According to a complaint filed by Foyle’s family, the tree, which they referred to as “Widow Maker,” was hanging over an outdoor patio area when it “suddenly and violently broke at or near its base and fell” on top of Foyle during a storm in the area.
The family alleges that the tree was “in a dangerous, compromised, decayed, diseased, and/or structurally defective condition” before the incident and is seeking $1,000,000 in damages. Green Mesquite BBQ and co-owner Aspen Hatter are named defendants in the complaint, per Law & Crime.
Green Mesquite BBQ alleged in a statement posted on Facebook on May 21 that the tree that struck Foyle was “hit by lightning.”
“We are deeply saddened by the tragic passing of Kirk Foyle, a friend, longtime customer, and beloved member of the Zilker neighborhood,” the restaurant said. “…The entire staff here at the Green Mesquite offers our heartfelt condolences to his family, friends, and neighbors as we all work through this difficult time.”
According to the Travis County Deputy Medical Examiner, Foyle’s cause of death was blunt trauma sustained as a result of being “struck by a falling tree branch,” per the complaint.
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The Foyle family accuses Green Mesquite and Hatter in the complaint of failing to inspect the tree for “signs of disease, decay, structural weakness, or instability” and “engag[ing] qualified arborists or tree care professionals to assess the [tree’s] condition.”
PEOPLE has reached out to the AFD, Green Mesquite BBQ and TCMEO for comment but didn’t immediately receive responses.
Read the original article on People