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Lawsuit filed after falling tree kills man in Austin
The family of a man killed by a falling pecan tree at an Austin restaurant has filed a $1 million gross negligence lawsuit against the business and adjacent property owners for allegedly ignoring the tree's decayed condition.
AUSTIN, Texas - The family of a man killed by a falling tree at an Austin BBQ restaurant, is now taking legal action.
The children of Kirk Foyle have filed a lawsuit against Green Mesquite BBQ as well as nearby property owners, claiming the tree showed signs of disease and decay that were never addressed.
Details of the fatal Barton Springs incident
What we know:
It was back on May 19th, when 64-year-old Kirk Foyle was spending his evening at Green Mesquite BBQ.
Many of his longtime friends told FOX 7 he was a regular along the busy stretch of Barton Springs, even earning the nickname the "Mayor of Barton Springs." On the evening of the 19th, Foyle was sitting on the patio at Green Mesquite, when a pecan tree would fall on top of him. He would be taken to a nearby hospital but would later be pronounced dead.
In the lawsuit, the tree which fell on top of Foyle is referred to as the "Widowmaker." It was located at 1410 Barton Springs Rd, but parts of the tree extended into Green Mesquite’s outdoor patio area, where Foyle was sitting.
Allegations of gross negligence, tree decay
Dig deeper:
The suit alleges that the tree was in a defective condition, something which they claim was never addressed by Green Mesquite and the property owners of where the tree was located. The defendants are accused of failing to properly inspect the tree, taking the proper steps to treat or remove it, as well as not notifying patrons of the potential danger caused by its condition.
The property owners, as well as Green Mesquite, are both accused of gross negligence. The Foyle family is seeking $1,000,000 in damages related to the death of their father, mental anguish, as well as legal costs.
The suit also makes accusations that the property owners of where the tree was located took out a $960,000 deed of trust used to refinance the property, just 7 days after Foyle’s death, a move which could impact the amount of funds available when judgement is rendered.
What's next:
The case has been filed in Travis County District Court.
The Source: Information in this article was provided by FOX 7's Marco Bitonel.