Brett Gardner’s family has filed a lawsuit over the death of their 14-year-old son
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Nearly one year to the day after his 14-year-old son died of carbon monoxide poisoning at a Costa Rica resort, former New York Yankees shortstop 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. Officials ruled on her cause of death on April 3 after they investigated both food poisoning and asphyxiation.
“This has been a very difficult year for our family. All along we felt that this tragedy could have been prevented, and the initial investigation reports confirmed our beliefs,” the Gold Glove Award winner said in a Motley Rice LLC release. “We are committed to raising awareness and following meaningful changes. Our hope and prayer is that by taking this initiative, we can help prevent another family from suffering this 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 machine room and the devices inside it did not comply with basic safety standards, leading to an increase in carbon monoxide levels.
The family is seeking damages for gross negligence, wrongful death, emotional distress, liability, breach of warranty, loss of filial consortium and other causes of action, according to the release.
All four family members “fell ill overnight, the cause of which is unknown at this time.”
Gardner “vomited profusely and became paralyzed and could not use his arms or legs,” according to Motley Rice, while his wife, Jessica, was “cold, nauseous, weak, confused and suffering from hallucinations.” He even got 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 he had difficulty moving his arms and legs.
The Gardners say the resort should have known about the dangers the family posed. The maintenance room or guest rooms did not have carbon monoxide monitors, the investigation found, according to Motley Rice.
A moment of silence is observed by Miller Gardner, son of former New York Yankees player Brett Gardner, before the start of the 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 substance produced when carbon monoxide binds to hemoglobin in the blood. The test showed a saturation rate of 64%. It is considered fatal when the carboxyhemoglobin saturation exceeds 50%.
“We believe that the owners and managers of the Arenas Del Mar Beachfront & Rainforest Resort failed to exercise a necessary duty of care that would have adequately protected against carbon monoxide poisoning and the loss of life to the Gardner family. The documents show that they were warned and failed to make simple changes to keep their guests safe,” said Motley Rice prosecutor Michael Elsner. “There needs to be accountability for these types of decisions by owners.”
Costa Rican authorities raided the property in September in the first official search since Miller’s death. As of that time, the death was still under investigation. Neither a spokeswoman for the site nor Costa Rican officials immediately responded to a request for comment.
New York Yankees pitcher Brett Gardner (11) is greeted after hitting a solo home run against the Toronto Blue Jays in the ninth inning at the Rogers Centre. (Dan Hamilton-USA TODAY Sports)
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Gardner was an outfielder for the Yankees for 14 seasons and was on the team when it won its last World Series title in 2009. He spent his entire career in the Bronx, last playing in 2021.
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