Full Breakdown
Fatal Tree Collapse at Green Mesquite BBQ Raises Negligence Claims
6/29/2026, 4:50:44 AM
Incident Overview
On May 20, 2026, 64-year-old Kirk Foyle died after a diseased pecan tree, called the “Widow Maker,” fell onto the patio of Green Mesquite BBQ in Austin, Texas. The tree, which overhung the patio, broke during a storm on May 19 and struck Foyle, causing blunt-force trauma identified as the cause of death.
Background & Context
The petition asserts that owners of outdoor dining venues have a duty to inspect and maintain trees to prevent hazards, a standard emphasized by the family’s attorney.
Key Facts
Foyle, a father of four, was 64. The tree was a pecan labeled “Widow Maker.” The lawsuit seeks at least $1 million, citing blunt trauma as the fatal injury.
Timeline
The petition says the tree was diseased before May 19 2026. On May 19 storms caused the tree to fall onto the patio while Foyle dined. He died on May 20. The family filed a lawsuit in May 2026 seeking $1 million.
Official Statements & Responses
Attorney Shawn Brown said owners must responsibly remove or treat sick trees and that families deserve accountability. Green Mesquite co-owner Rick Garcia expressed shock, noting patrons assume safety under trees. Both businesses declined comment.
Criticism & Opposition
The petition alleges Green Mesquite and Aspen Hatter failed to inspect, maintain, or remove the tree, did not hire arborists, and gave no warnings. Green Mesquite claims lightning caused the fall, which the petition disputes.
Conflicting Reports & Gaps
The dispute centers on whether lightning struck the tree; the family denies it, while Green Mesquite asserts it. No inspection or arborist records have been produced.
Why It Matters
The case underscores landowner liability for tree safety in public venues and may shape municipal inspection regulations.
Verbatim Quotes
- “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,” — Legal petition, Foyle family
- “You have to be a responsible landowner,” — Shawn Brown, attorney
- “I was shocked, I couldn't believe it,” — Rick Garcia, co-owner, Green Mesquite BBQ
- “If they're going to have an outdoor patio that is bringing crowds of people below these beautiful trees, they need to make sure that they maintain them on a regular basis.” — Shawn Brown, attorney
What’s Next
The lawsuit proceeds in Travis County court, seeking at least $1 million. The outcome could set precedent for liability standards involving tree maintenance on commercial properties.
