Kirk Foyle's Family Seeks $1 Million From Green Mesquite After Fatal Tree Collapse
Updated
Updated · Fox News · Jun 29
Kirk Foyle's Family Seeks $1 Million From Green Mesquite After Fatal Tree Collapse
2 articles · Updated · Fox News · Jun 29
Summary
A $1 million lawsuit says Kirk Foyle, 64, was killed on May 19 when a pecan tree fell onto Green Mesquite BBQ's Austin patio as storms moved through the area.
The complaint alleges the tree was diseased, decayed and visibly dangerous, and that Green Mesquite, Aspen Hatter and other property owners failed to inspect, maintain, remove or warn customers about it.
Foyle died from blunt trauma caused by a falling branch, according to the Travis County deputy medical examiner cited in the filing.
Green Mesquite has said lightning struck the tree that night, but Foyle's family disputes that account and argues poor upkeep—not weather—caused the collapse.
The suit also says owners of the property where the tree stood refinanced it with a $960,000 deed of trust a week after Foyle's death; the defendants have not publicly commented.