A Texas father of four eating at a BBQ joint was “fatally crushed by the preventable falling” of a “diseased” pecan tree, with staff at two local businesses letting it rot and decay without warning patrons or doing anything to maintain it, a lawsuit says.
“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,” a legal petition filed by Kirk Foyle’s family alleges.
Foyle, 64, died on May 20 after being crushed at Green Mesquite BBQ in Austin, the petition says. The tree that killed him was hanging over an outdoor patio area where Foyle was eating on the evening of May 19, his family alleges…