The Widow Maker tree lawsuit was filed after a pecan tree fell onto a customer dining on the outdoor patio at Green Mesquite BBQ, killing him, according to the complaint and local reporting. The complaint alleges the tree was diseased, that defendants failed to inspect or maintain it, and seeks $1,000,000 in damages.
The suit centers on the death of 64-year-old Kirk Foyle at 1410 Barton Springs Rd in Austin, as described in the filing. Plaintiffs characterize the tree as a known hazard that extended into the restaurant’s patio area and say defendants were grossly negligent.
What the Widow Maker tree lawsuit says
According to the complaint, plaintiffs named Green Mesquite BBQ and nearby property owners as defendants and accuse them of gross negligence in allowing a pecan tree—described in the filing as a “Widow Maker”—to remain in a dangerous condition.
The complaint alleges the tree showed visible signs of disease, rot and decay and that defendants “knew, or in the exercise of reasonable care should have known, of the dangerous, diseased, decayed, and/or structurally compromised condition of this tree and failed to inspect, maintain, remove, and/or warn of its dangerous condition.”
Plaintiffs seek $1,000,000 in damages for wrongful death, mental anguish and legal costs. The filing frames the requested relief around allegations of gross negligence rather than admitted facts.
How the death happened
The complaint says that on May 19 a limb or section of the pecan tree “suddenly and violently broke at or near its base and fell” while storms moved through the area, striking Foyle on the restaurant’s outdoor patio at 1410 Barton Springs Rd.
Per the filing and reporting cited by local outlets, Kirk Foyle, 64, died after being struck. The Travis County Deputy Medical Examiner attributed the cause of death to blunt trauma sustained when he was struck by a falling tree branch, the complaint states.
Eyewitness detail included in the suit describes the collapse as abrupt. The complaint uses the medical finding to connect the physical injury to the hazardous condition it attributes to the tree, which plaintiffs say extended over the patio where patrons were seated.
Allegations on inspection, maintenance and motive
The filing alleges the tree was “diseased” and showed “rot,” and it asserts restaurant staff and neighboring property managers did not sufficiently inspect or maintain the tree. The complaint contends the hazard had existed long enough that ordinary care would have discovered it.
According to reporting by Law & Crime, Green Mesquite has told some outlets the tree was struck by lightning the night it fell. The family’s lawyers dispute that explanation, the coverage says. The lawsuit also references a $960,000 deed of trust used to refinance the property about a week after the death; that detail is included in the complaint and has not been independently verified in court records by this article.
All allegations about inspection, maintenance, the lightning claim and the refinancing appear in the plaintiffs’ filing and in local reporting; those points remain the plaintiffs’ assertions unless proven in court.
Legal and public-safety context for businesses
In Texas wrongful-death suits alleging negligent maintenance, plaintiffs generally must show the defendant owed a duty of care, breached that duty (for example, by failing to inspect or remove a hazard), and that the breach proximately caused the injury or death.
For restaurants with outdoor patios, the practical focus is on who controlled the tree and who had responsibility for inspection and upkeep. Where limbs overhang neighboring parcels, multiple property owners or occupants may share exposure if they had notice or control.
Mitigation steps relevant to both safety and liability include routine inspections by certified arborists, prompt removal or pruning of visibly decayed limbs, written maintenance records, and coordination among adjacent property owners when trees cross property lines. Those practices can be both a public-safety measure and part of a legal defense against negligence claims.
Because this suit characterizes the tree as a long-standing hazard that was not corrected, it underscores how outdoor seating areas at Austin restaurants can present unique risk if nearby trees are not regularly evaluated and addressed.
Source attribution and next steps in the case
This article relies on the plaintiffs’ complaint and local reporting. Coverage cited includes Fox News Digital, local Austin outlet Fox 7, and Law & Crime; specific claims in this story are attributed to the complaint or to those outlets where noted.
Fox News Digital reported it reached out to Green Mesquite and Aspen Hatter for comment; Fox 7 and Law & Crime provided additional local and legal reporting used to summarize the dispute and the parties’ differing explanations. Quotations and factual claims drawn from those reports are described here as reported or as alleged in the complaint.
What comes next: defendants must file formal responses in court (for example, an answer or motions to dismiss), and the parties may exchange discovery or schedule hearings. Readers should watch for those filings, any statements from defendants, and docket activity in Travis County that will clarify which allegations are disputed and when the case moves toward resolution.
We attempted to reach the named businesses and representatives cited in reporting; Fox News Digital said it contacted Green Mesquite and Aspen Hatter for comment. Future court filings and local reporting will provide updates.
FAQ
What is the Widow Maker tree lawsuit about?
It alleges a diseased pecan tree known as a “Widow Maker” fell onto a patron at Green Mesquite BBQ on the restaurant’s outdoor patio, causing fatal blunt trauma, and claims restaurant and neighboring property owners failed to inspect and maintain the tree.
Who is being sued and what damages are sought?
The complaint names Green Mesquite BBQ and nearby property owners, including parties tied to Aspen Hatter, and seeks $1,000,000 for wrongful death, mental anguish and legal costs, alleging gross negligence.
What should businesses do to reduce tree hazards?
Businesses with outdoor seating should consider routine tree inspection by a certified arborist, keep maintenance documentation, promptly remove or mitigate visibly decayed limbs, and coordinate responsibility with adjacent property owners to reduce safety risks and potential liability.
