Former New York Yankees outfielder Brett Gardner and family file lawsuit against Costa Rica resort over son's death

Brett Gardner, a former New York Yankees outfielder who spent his entire 14-season Major League Baseball career with the team from 2008 to 2021 and was part of their 2009 World Series championship squad,^[1] along with his family filed a lawsuit on Friday against Arenas Del Mar Beachfront & Rainforest Resort in Manuel Antonio, Costa Rica.

The suit relates to the death of their 14-year-old son, Miller Gardner, on March 21, 2025, from carbon monoxide poisoning at the resort, according to a release from the family's law firm, Motley Rice LLC.^[2] Costa Rican officials ruled the cause of death on April 3, 2025, following investigations into food poisoning and asphyxiation.

Gardner, a 2016 American League Gold Glove Award winner in left field,^[1] said in the law firm release: "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 beliefs."

The lawsuit alleges gross negligence, wrongful death, emotional distress and other claims, stating that the resort's mechanical room did not comply with safety standards and lacked carbon monoxide monitors in both the mechanical room and guest rooms.^[2] All four family members suffered illness overnight, with Gardner experiencing severe vomiting and temporary paralysis, his wife Jessica reporting nausea, weakness, disorientation and hallucinations, and older son Hunter facing mobility issues before seeking fresh air outside.

A carboxyhemoglobin test on Miller showed 64% saturation, above the 50% level considered lethal, according to Motley Rice.^[2] Litigator Michael Elsner said documents showed the resort was warned but failed to implement safety changes.

Costa Rican authorities conducted a raid on the resort in September 2025, the first formal search since the death, which remained under investigation at that time. Neither resort representatives nor Costa Rican officials immediately responded to comment requests.^[2]

A moment of silence was held for Miller Gardner before the Yankees' opening-day game against the Milwaukee Brewers on March 27, 2025, at Yankee Stadium in New York.^[2]

Sources

1. Major League Baseball. "Brett Gardner Stats, Height, Weight, Position, Rookie Status & More | Baseball-Reference.com". Accessed October 2024. https://www.mlb.com/player/brett-gardner-425766
2. Fox News. "Sports". Accessed October 2024. https://www.foxnews.com/sports