A Texas father of four has tragically died after a tree fell on him while he was dining at a restaurant in Austin.
Videos by Wide Open Country
Kirk Foyle, 64, suffered critical injuries on May 19 when a pecan tree collapsed at Green Mesquite BBQ.
He was rushed to a nearby hospital but died the following day, according to local reports.
Father Dies After Tree Collapses at Texas Restaurant
The Austin Fire Department said crews responded to a "hazardous conditions call" at 1400 Barton Springs Road at approximately 9:29 p.m. local time.
"The caller reported an adult male trapped underneath a fallen tree. He was transported to an area hospital by ATCEMS," a statement read.
Foyle's family has since filed a legal complaint, referring to the tree as the "Widow Maker."
According to the complaint, the tree was hanging over an outdoor patio. Then, it "suddenly and violently broke at or near its base and fell" onto Foyle during a storm.
The family alleges the tree was "in a dangerous, compromised, decayed, diseased, and/or structurally defective condition."
They are seeking $1 million in damages.
Family Files Wrongful Death Complaint
Green Mesquite BBQ and co-owner Aspen Hatter have been named as defendants in the complaint.
In a statement posted on social media, the restaurant said the tree had been "hit by lightning". Which led to its fall.
"We are deeply saddened by the tragic passing of Kirk Foyle, a friend, longtime customer, and beloved member of the Zilker neighborhood," the statement said.
"The entire staff here at the Green Mesquite offers our heartfelt condolences to his family, friends, and neighbors as we all work through this difficult time."
According to the Travis County Deputy Medical Examiner, Foyle died from blunt force trauma sustained in the incident.
The family's complaint alleges Green Mesquite and Hatter failed to properly inspect the tree for "signs of disease, decay, structural weakness, or instability". Or hire "qualified arborists or tree care professionals to assess the [tree's] condition."
Further details are expected as the wrongful death lawsuit moves through the legal process.
