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Almost exactly one year to the day after his 14-year-old son died of carbon monoxide poisoning at a resort in Costa Rica, former New York Yankees star Brett Gardner and his family filed a lawsuit Friday against the hotel.
Miller Gardner died last March 21 at Arenas Del Mar Beachfront & Rainforest Resort. Officials determined the cause of death on April 3 after investigating both food poisoning and suffocation.
“This has been the most excruciating year for our family. We felt all along that this tragedy could have been prevented, and the preliminary investigation reports confirmed our belief,” the Gold Glove Award winner said in a statement from Motley Rice LLC. “We are committed to raising awareness and pursuing 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, son of former New York Yankee Brett Gardner, died in 2025. (Courtesy of the New York Yankees)
The lawsuit alleges that the mechanical room and devices within it failed to meet basic safety standards, leading to elevated carbon monoxide levels.
The family is seeking damages for gross negligence, wrongful death, emotional distress, vicarious liability, breach of warranty, loss of family consortium and other causes of action, according to the release.
All four members of the family “suffered a violent illness overnight, the cause of which is unknown at this time.”
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 suffering from hallucinations.” She even got a cut on her head without remembering how she got it.
The couple’s older son, Hunter, may have saved his own life by getting fresh air outside, but not before he had difficulty moving his arms and legs.
The Gardners claim the resort should have known of the dangers to the family. Neither the mechanical room nor the guest rooms contained carbon monoxide monitors, an investigation found, 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 an Opening Day 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 that forms when carbon monoxide binds to hemoglobin in the blood. The test showed a saturation level of 64%. It is considered fatal when carboxyhemoglobin saturation exceeds 50%.
“We believe that the owners and management of Arenas Del Mar Beachfront & Rainforest Resort failed to exercise the required duty of care that would have adequately safeguarded against carbon monoxide poisoning and loss of life for the Gardner family. Documents show that 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 ownership decisions.”
Costa Rican authorities raided the resort in September in the first formal search since Miller’s death. At the time, the death was still under investigation. Neither a spokesman for the resort nor Costa Rican 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 in the ninth inning at Rogers Centre. (Dan Hamilton-USA TODAY Sports)
Gardner was a Yankees outfielder 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, last playing in 2021.
