Brett Gardner, a former New York Yankees outfielder who played 14 seasons with the club from 2008 to 2021, and his family filed a wrongful death lawsuit on March 21, 2025, against Arenas del Mar Beachfront & Rainforest Resort in Manuel Antonio, Costa Rica.[1][2] The suit comes almost exactly one year after the death of their 14-year-old son, Miller Gardner, on March 21, 2024.[1][3]
Miller Gardner died from carbon monoxide poisoning, a cause confirmed by Costa Rican authorities on April 3, 2024, following an investigation that ruled out food poisoning.[1][3] A blood test showed carboxyhemoglobin saturation of 64%, above the 50% level typically considered lethal.[1][2]
The lawsuit, filed by law firm Motley Rice LLC, alleges gross negligence, including the absence of carbon monoxide detectors in guest rooms and a mechanical room that failed to meet safety standards.[1][2] All four family members fell ill overnight during their stay, with Gardner experiencing severe vomiting and temporary paralysis, his wife Jessica suffering nausea, disorientation and hallucinations, and their older son Hunter managing to seek fresh air outside.[1]
"This has been the most excruciating year for our family," Gardner, a 2016 American League Gold Glove Award winner in center field, said in a statement from Motley Rice.[1][4] "We felt all along that this tragedy could have been prevented."[1]
Motley Rice attorney Michael Elsner stated the resort had been warned of risks but failed to act.[1] Costa Rican authorities raided the resort in September 2024 as part of the ongoing investigation.[2]
The Yankees observed a moment of silence for Miller Gardner before their home opener against the Milwaukee Brewers on March 28, 2024, at Yankee Stadium in New York.[3][5] Gardner contributed to the team's 2009 World Series championship during his career, which included 1,635 games, a .259 batting average and 144 home runs.[4]
Sources
- Motley Rice LLC, "Motley Rice Files Wrongful Death Lawsuit on Behalf of Former NY Yankees Player Brett Gardner and Family Against Costa Rican Resort Where Son Died of Carbon Monoxide Poisoning," March 21, 2025, https://www.motleyrice.com/news/motley-rice-files-wrongful-death-lawsuit-behalf-former-ny-yankees-player-brett-gardner-and-family-against-costa-rican-resort-where-son-died-carbon-monoxide-poisoning
- Fox News, "Former Yankees star Brett Gardner sues Costa Rica resort where son died of carbon monoxide poisoning," March 21, 2025, https://www.foxnews.com/sports/former-yankees-star-brett-gardner-sues-costa-rica-resort-son-died-carbon-monoxide-poisoning
- ESPN, "Son of ex-Yankees OF Brett Gardner dies," March 22, 2024, https://www.espn.com/mlb/story/_/id/39727592/son-ex-yankees-brett-gardner-dies
- MLB.com / New York Yankees, "Brett Gardner Player Page," accessed October 2024, https://www.mlb.com/player/brett-gardner-425766
- Associated Press, photo caption via multiple outlets including AP Images, March 28, 2024, https://apimages.com