A lawsuit has been filed by the family of Kirk Foyle, a 64-year-old father of four, who was fatally crushed by a falling tree at Green Mesquite BBQ in Austin, Texas. The tree, referred to as a ‘Widow Maker,’ was located on property owned by the restaurant and a neighboring business, Aspen Hatter.
Allegations of Negligence
The lawsuit alleges that the tree was never properly inspected by restaurant staff or management, despite showing signs of disease and decay. The complaint claims that the defendants knew or should have known about the tree’s dangerous condition and failed to take action to maintain or remove it.
The incident occurred on May 19, when Foyle was eating on the outdoor patio as storms moved through the area. The tree suddenly broke at its base and fell, striking Foyle and causing blunt trauma. The Travis County Deputy Medical Examiner determined that Foyle’s cause of death was blunt trauma sustained as a result of being struck by a falling tree branch.
The defendants are accused of gross negligence, and the Foyle family is seeking $1,000,000 in damages related to Foyle’s death, mental anguish, and legal costs.
Original reporting: Fox News (HLL/CB) — read the source article.
