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Almost exactly a year to the day after his 14-year-old son died from carbon monoxide poisoning at a Costa Rica resort, former New York Yankees star Brett Gardner and his family filed a lawsuit Friday against the hotel.
Miller Gardner died on March 21 last year at the Arenas Del Mar Beachfront & Rainforest Resort. Authorities determined the cause of death on April 3 after investigating food poisoning and asphyxiation.
“This has been the most excruciating year for our family. We have always believed that this tragedy could have been avoided, and preliminary investigative reports have confirmed our beliefs,” the Gold Glove Award winner said in a statement from Motley Rice LLC. “We are committed to raising awareness and seeking meaningful change. Our hope and prayer is that by taking this stand for accountability, we can help prevent another family from suffering such a tragedy.”
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Miller Gardner, the son of former New York Yankee Brett Gardner, died in 2025. (Courtesy New York Yankees)
The lawsuit alleges that the mechanical room and devices therein failed to meet basic safety standards, leading to increased carbon monoxide levels.
The family is seeking damages for gross negligence, wrongful death, emotional distress, vicarious liability, breach of warranty, loss of subsidiary consortium and other causes of action, according to the release.
The four members of the family “suffered during the night from a violent illness, the cause of which is currently unknown.”
Gardner “suffered severe vomiting and paralysis and was unable to use his arms or legs,” according to Motley Rice, while his wife, Jessica, “was cold, nauseous, weak, disoriented and suffered from hallucinations.” She even suffered a cut on her head with no memory of how she received it.
The couple’s eldest son, Hunter, may have saved his life by getting some fresh air outside, but not before having difficulty moving his arms and legs.
The Gardners argue the resort should have known about the dangers facing the family. Neither the mechanical room nor guest bedrooms contained carbon monoxide monitors, an investigation determined, according to Motley Rice.
A moment of silence is observed for Miller Gardner, son of former New York Yankees player Brett Gardner, before the start of a home opener baseball game between the Yankees and the Milwaukee Brewers at Yankee Stadium, Thursday, March 27, 2025, in New York. (AP Photo/Seth Wenig)
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Miller was tested for carboxyhemoglobin, a compound generated when carbon monoxide binds to hemoglobin in the blood. The test showed a saturation level of 64%. It is considered fatal when the carboxyhemoglobin saturation exceeds 50%.
“We believe the owners and management of the Arenas Del Mar Beachfront & Rainforest Resort failed to exercise the required duty of care that would have adequately protected against the carbon monoxide poisoning and death of the Gardner family. Documents show they were warned and failed to implement simple changes for the safety of their guests,” said Motley Rice litigator Michael Elsner. “There needs to be accountability for these types of decisions by owners.”
Costa Rican authorities raided the compound in September in the first official search since Miller’s death. At that time, the death was still under investigation. Neither a resort spokesperson nor Costa Rica officials immediately responded to a request for comment.
New York Yankees center fielder Brett Gardner (11) is greeted after hitting a solo home run against the Toronto Blue Jays during the ninth inning at Rogers Center. (Dan Hamilton-USA TODAY Sports)
Gardner was an outfielder for the Yankees for 14 seasons and was on the team when they won their last World Series title in 2009. He spent his entire career in the Bronx, playing for the last time in 2021.
