AUSTIN, Texas, June 29 (Our Texas Times) — Kirk Foyle’s children have filed a gross-negligence lawsuit in Travis County District Court against Green Mesquite BBQ and nearby property owners, accusing them of failing to address a decayed tree that killed the 64-year-old Austin man.
The complaint calls the tree the “Widow Maker” and says it showed signs of disease, decay and structural compromise that were visible or discoverable on a reasonable inspection. It alleges the defendants failed to inspect, maintain, remove or warn about the tree’s condition.
The suit says Foyle was seated on the restaurant’s outdoor patio eating on May 19 when he was struck at 1410 Barton Springs Rd. The complaint says he died of blunt trauma from being hit by a falling tree branch, citing the Travis County deputy medical examiner.
The family is seeking $1 million in damages, including money for mental anguish and legal costs, according to the complaint.
The filing also alleges the property owners took out a $960,000 deed of trust to refinance the property seven days after Foyle’s death.
Green Mesquite said after the incident that Foyle had been struck by a tree on the patio that had apparently been hit by lightning. The death remained under investigation at the time.
