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Almost exactly a year to the day his 14-year-old son died of 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 of last year at Arenas Del Mar Beachfront & Rainforest Resort. Authorities determined the cause of death on April 3 after investigating both food poisoning and asphyxiation.
“This has been the most excruciating year for our family. We always felt this tragedy could have been prevented and the preliminary investigation reports confirmed our beliefs,” the Gold Glove 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 stance of responsibility, 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 engine room and the devices within it did not meet basic safety standards, leading to increased carbon monoxide levels.
The family seeks 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 statement.
The four members of the family “suffered during the night from a violent illness whose cause is unknown at this time.”
Gardner “suffered from severe vomiting and paralysis and could not use his arms or legs,” according to Motley Rice, while his wife, Jessica, “was cold, nauseous, weak, disoriented, and suffering from hallucinations.” He even suffered a cut on his head without remembering how he got it.
The couple’s oldest son, Hunter, may have saved his life by getting fresh air outside, but not before having difficulty moving his arms and legs.
The Gardners argue that the resort should have known of the dangers they posed to the family. Neither the engine room nor the guest rooms contained carbon monoxide monitors, an investigation determined, according to Motley Rice.

A moment of silence is held for Miller Gardner, son of former New York Yankees player Brett Gardner, before the start of the inaugural 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 created when carbon monoxide binds to hemoglobin in the blood. The test showed a saturation level of 64%. It is considered lethal when the carboxyhemoglobin saturation exceeds 50%.
“We believe the owners and management of Arenas Del Mar Beachfront & Rainforest Resort failed to exercise the required duty of care that would have adequately protected against carbon monoxide poisoning and the loss of life of the Gardner family. The 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 must be accountability for these types of decisions by owners.”
Costa Rican authorities raided the complex in September in the first formal search since Miller’s death. At the 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 in 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 and last played in 2021.




