Brett Gardner’s family files lawsuit over 14-year-old son’s death

Almost exactly a year after his 14-year-old son died of carbon monoxide poisoning at a Costa Rican resort, former New York Yankees star Brett Gardner and his family filed a lawsuit against the hotel on Friday.

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 both food poisoning and drowning.

“This has been the most excruciating year for our family. We felt from the beginning that this tragedy could have been prevented, and preliminary investigation reports confirmed our beliefs,” Gold Glove Award winner Motley Fool Rice LLC said in a statement. “We are committed to raising awareness and pursuing meaningful change. Our hope and prayer is that by taking this stance on responsibility, we will help prevent another family from suffering such a tragedy.”

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The lawsuit alleges that the mechanical room and the devices within it did not meet basic safety standards, causing carbon monoxide levels to increase.

According to the statement, the family is seeking damages for gross negligence, wrongful death, emotional distress, vicarious liability, breach of warranty, loss of adoptive consortium and other causes of action.

All four members of the family “developed a severe illness overnight and the cause is unknown at this time.”

According to Motley Fool Rice, Gardner “suffered severe vomiting and paralysis and was unable to use his arms or legs”; His wife, Jessica, was “cold, nauseous, weak, disoriented, and hallucinating.” He even suffered a cut on his head, although he doesn’t remember how.

The couple’s older son, Hunter, may have saved his own life by getting fresh air outside, but he had previously struggled to move his arms and legs.

The Gardners argue the facility should have known about the dangers to the family. According to Motley Fool Rice, an investigation determined that neither the mechanical room nor the guest rooms had carbon monoxide monitors.

A moment of silence is observed for Miller Gardner, son of former New York Yankees player Brett Gardner, before the start of the opening day baseball game between the Yankees and Milwaukee Brewers at Yankee Stadium on Thursday, March 27, 2025, in New York. (AP Photo/Seth Wenig)

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Miller was tested for carboxyhemoglobin, a compound formed when carbon monoxide binds to hemoglobin in the blood. The test showed a saturation level of 64%. Carboxyhemoglobin saturation exceeding 50% is considered lethal.

Motley Fool Rice plaintiff Michael Elsner said, “We believe that the owners and management of Arenas Del Mar Beachfront & Rainforest Resort failed to comply with the Gardner family’s duty of due care to adequately protect against carbon monoxide poisoning and loss of life. Documents show that they were warned and failed to implement simple changes for the safety of their guests.” he said. “There must be accountability for these types of owner decisions.”

Costa Rican authorities raided the facility in September as part of the first official search since Miller’s death. As of that date, the investigation into the death was ongoing. Neither a spokesperson for the facility nor Costa Rican officials immediately responded to a request for comment.

New York Yankees center fielder Brett Gardner (11) is greeted at Rogers Center after hitting a solo home run in the ninth inning against the Toronto Blue Jays. (Dan Hamilton-USA TODAY Sports)

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Gardner was the 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 and last played in 2021.

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