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

The household of a Texas begetter of 4 is suing aft the antheral was allegedly "fatally crushed by the preventable falling" of a "diseased" pecan histrion portion helium was eating astatine a BBQ restaurant.

Kirk Foyle, 64, died aft a May 19 erstwhile a histrion fell connected him astatine Green Mesquite BBQ successful Austin, according to the lawsuit, Fox 7 reported. The histrion was hanging implicit an outdoor patio country wherever Foyle was eating arsenic storms moved done the area.

The tree, which is referred to successful the ailment arsenic a "Widow Maker," was located astatine 1410 Barton Springs Rd, but parts of the histrion extended into Green Mesquite’s outdoor patio area, wherever Foyle was seated, according to the outlet.

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The household of antheral who was killed by a falling histrion astatine Green Mesquite BBQ successful Austin, Texas, is suing the restaurant. (Google Maps)

The histrion was allegedly ne'er decently inspected by edifice unit oregon absorption astatine a neighboring business, Aspen Hatter, contempt being "located on, oregon successful portion on, spot owned and controlled" by the businesses, according to the lawsuit.

The ailment alleges that unit astatine the 2 section businesses allowed the tree, which allegedly showed signs of disease, to rot and decay without informing customers oregon taking enactment to support it oregon region it.

The suit names Green Mesquite BBQ and adjacent spot owners arsenic defendants.

In the lawsuit, the histrion that crushed Kirk Foyle is referred to arsenic the "Widow Maker." (Google Maps)

"Defendants knew, oregon successful the workout of tenable attraction should person known, of the dangerous, diseased, decayed, and/or structurally compromised information of this histrion and failed to inspect, maintain, remove, and/or pass of its unsafe condition," the ailment alleges.

"Prior to May 19, 2026, the Widow Maker was successful a dangerous, compromised, decayed, diseased, and/or structurally defective condition," it reads. "Upon accusation and belief, the Widow Maker's unsafe information was visible, apparent, oregon discoverable upon tenable inspection, and had existed for a capable play of clip that defendants knew or, successful the workout of mean care, should person known of its condition."

According to the Foyle family, helium was sitting connected the outdoor patio erstwhile the histrion "suddenly and violently broke astatine oregon adjacent its basal and fell" arsenic storms were moving done the area. Foyle's origin of decease was determined to beryllium blunt trauma sustained arsenic a effect of being struck by a falling histrion branch, according to the Travis County Deputy Medical Examiner, the ailment says.

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Green Mesquite has alleged that the histrion was struck by lightning the nighttime it crushed Foyle, but his household and their attorneys contend that this ne'er happened and that the deficiency of upkeep was the crushed for his death, according to Law & Crime.

The filing besides claims that the spot owners of the country wherever the histrion was located took retired a $960,000 deed of spot utilized to refinance the spot conscionable a week aft Foyle’s death.

The defendants are accused of gross negligence, and the Foyle household is seeking astatine slightest $1 cardinal successful damages. (Google Maps)

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The defendants are accused of gross negligence, and the Foyle household is seeking $1,000,000 successful damages related to the man's death, intelligence anguish and ineligible costs.

Fox News Digital reached retired to Green Mesquite and Aspen Hatter for comment.