Former New York Yankees outfielder Brett Gardner and family file lawsuit against Costa Rica resort one year after son's carbon monoxide poisoning death
Brett Gardner, a former outfielder for the New York Yankees, and his family filed a wrongful death lawsuit on March 22, 2024, against the owners and operators of Arenas del Mar Beachfront & Rainforest Resort in Manuel Antonio, Costa Rica. The suit comes almost one year after the death of their 14-year-old son, Miller Gardner, on March 21, 2023.[1][2]
Miller Gardner died from carbon monoxide poisoning while staying at the resort with his family. Costa Rican authorities, including the Judicial Investigation Organism (OIJ), ruled the cause of death as asphyxiation due to carbon monoxide on April 3, 2023, following initial probes into possible food poisoning.[1][3]
The lawsuit, filed in U.S. District Court in Charleston, South Carolina, alleges gross negligence, including the absence of carbon monoxide detectors in guest rooms and the mechanical room, which failed to meet safety standards and led to elevated carbon monoxide levels. A carboxyhemoglobin test on Miller showed 64% saturation, above the 50% level considered lethal.[2][4]
Gardner stated in a release from their law firm, Motley Rice LLC: "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. We are committed to raising awareness and pursuing meaningful change."[1][2]
The family claims all four members fell violently ill overnight. Gardner experienced severe vomiting and temporary paralysis in his arms and legs; his wife, Jessica, reported being cold, nauseous, weak, disoriented, and hallucinating, with an unexplained head injury; their older son, Hunter, had mobility issues but recovered after going outside for fresh air.[1][2]
Motley Rice attorney Michael Elsner said: "We believe the owners and management ... failed to exercise the required duty of care ... Documents show they were warned and failed to implement simple changes for the safety of their guests."[2][4]
Costa Rican authorities conducted a raid on the resort in September 2023, the first formal search since the death; the investigation remained ongoing at that time. Neither resort representatives nor officials responded immediately to comment requests.[1][3]
Gardner, 40, played his entire 14-season MLB career (2008-2021) with the Yankees, contributing to their 2009 World Series title and earning a Gold Glove Award in 2016 as a left fielder.[5][6]
The New York Yankees held a moment of silence for Miller Gardner before their home opener on March 30, 2023.[7]
Sources
- Fox News, "Former Yankees star Brett Gardner, family sue Costa Rica resort year after son's carbon monoxide death," March 22, 2024, https://www.foxnews.com/sports/former-yankees-star-brett-gardner-family-sue-costa-rica-resort-son-died-carbon-monoxide-poisoning
- Motley Rice LLC, "Former New York Yankees Player Brett Gardner and Family File Wrongful Death Lawsuit Against Costa Rica Resort," March 22, 2024, https://www.motleyrice.com/news/former-new-york-yankees-player-brett-gardner-and-family-file-wrongful-death-lawsuit-against-costa-rica-resort
- Associated Press / ESPN, "Costa Rica officials rule cause of death for son of Yankees' Brett Gardner," April 3, 2023, https://www.espn.com/mlb/story/_/id/36064891/costa-rica-officials-rule-cause-death-son-yankees-brett-gardner
- New York Post, "Brett Gardner family sues Costa Rican resort over 14-year-old son’s carbon monoxide death," March 22, 2024, https://nypost.com/2024/03/22/sports/brett-gardner-family-sues-costa-rican-resort-over-sons-carbon-monoxide-death/
- MLB.com, "Brett Gardner Stats, Height, Weight, Position, Rookie Status & More | Baseball-Reference.com," accessed October 2024, https://www.baseball-reference.com/players/g/gardnbr01.shtml
- MLB.com, "Brett Gardner," accessed October 2024, https://www.mlb.com/player/brett-gardner-518692
- ESPN, "Yankees hold moment of silence for Miller Gardner, son of Brett Gardner," March 30, 2023, https://www.espn.com/mlb/story/_/id/36047347/yankees-observe-moment-silence-miller-gardner-son-brett
