Lawsuit filed after tree dubbed 'Widow Maker' fatally crushes man at Texas BBQ restaurant

The family of a Texas father of four is suing after the man was allegedly "fatally crushed by the preventable falling" of a "diseased" pecan tree while he was eating at a BBQ restaurant. Kirk Foyle, 64, died after a May 19 when a tree fell on him at Green Mesquite BBQ in Austin , according to the lawsuit, Fox 7 reported. The tree was hanging over an outdoor patio area where Foyle was eating as storms moved through the area. The tree, which is referred to in the complaint as a "Widow Maker," was