Former Yankees outfielder Brett Gardner and his family filed a lawsuit in federal court Friday against the Costa Rican hotel — “and the Pennsylvania executives who own and oversee the resort” — where their 14-year-old son, Miller, died last year following carbon monoxide inhalation, according to the law firm used by the family.
The lawsuit, which was filed in the Eastern District of Pennsylvania nearly one year to the day of Miller’s March 21, 2025 death, alleges that the defendants “failed to comply with basic safety standards,” ESPN reported.
Gardner, who spent his entire 14-year career with the Yankees, and his family are seeking damages “for gross negligence, wrongful death, emotional distress, vicarious liability, breach of warranty, loss of filial consortium and other causes of action,” according to the Motley Rice law firm.
The Gardner family was vacationing in Costa Rica — staying in rooms located next to a mechanical room — last March when, on the fourth night of their stay at the resort, Miller and other members of the family became sick, with the lawsuit alleging that Gardner was “fighting for his life,” ESPN reported. His wife, Jessica, cut her forehead and woke up “on the floor of the bathroom with no memory of how she got from the bed,” according to People, citing the court documents. Both of their children also experienced sickness as a result of the poisoning, and the law firm said that Hunter, their oldest child, was able to “crawl to an open terrace where he received fresh air, possibly saving his life.”
Miller, the Gardner family’s youngest son, was pronounced dead the following morning after falling unconscious, according to the law firm. Motley Rice also alleges that other guests who stayed in the same rooms as the Gardners at the resort also suffered illnesses. The law firm, citing an investigation in its release, alleges that carbon monoxide monitors weren’t used in the mechanical room or the hotel rooms.
The lawsuit marked the latest twist following the tragic death, a process that started last year when the Gardner family announced Miller’s death in a statement while also saying they had so many questions — and so few answers — about what happened. Initial reports suggested that Miller died of asphyxiation due to food poisoning, but that theory was eliminated, and carbon monoxide inhalation was determined to be the cause.
Then, six months after Miller’s death, authorities in Costa Rica raided the Arenas Del Mar Beachfront & Rainforest Resort in Manuel Antonio.
“This has been the most excruciating year for our family,” Brett Gardner said in a statement via his lawyers Friday. “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. Our hope and prayer is that by taking this stand for accountability, we can help prevent another family from suffering from such a tragedy.”
[Notigroup Newsroom in collaboration with other media outlets, with information from the following sources]
