AUSTIN, Texas — The family of a man killed by a falling tree at an Austin barbecue restaurant has filed a lawsuit against the restaurant and the property owners, alleging the tree was visibly decayed and diseased.
The lawsuit, filed Tuesday in Travis County District Court, stems from the May 19 death of 64-year-old Kirk Robert Foyle, who was eating on the restaurant’s outdoor patio at 1400 Barton Springs Road when the tree fell, crushing him. Foyle later died at the hospital from his injuries.
The fallen tree came as a powerful line of thunderstorms moved through central Texas that evening, causing widespread damage.
The lawsuit alleges that the pecan tree was diseased, decayed, structurally compromised, or otherwise dangerous, and that the defendants knew or should have known it posed a danger.
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The pecan tree, nicknamed the “Widow Maker” in the lawsuit, stood on or near neighboring property owned by the 1410 Barton Springs entities but extended over Green Mesquite’s outdoor patio. The family alleges both the property owners and the restaurant failed to inspect, maintain or remove the tree, warn patrons of the hazard, or otherwise protect customers from the risk.
The lawsuit seeks damages for wrongful death, survival claims on behalf of Foyle’s estate, and punitive damages based on allegations of gross negligence.
The suit also alleges that the property owners refinanced the property through a $960,000 deed of trust, reducing the equity available to satisfy a potential judgment. The family contends the refinancing was intended to hinder future creditors and is asking the court to invalidate the transaction or otherwise preserve assets pending the outcome of the case.
The case has been filed in Travis County District Court, where the family is seeking over $1 million in damages, as well as attorney’s fees and other relief.