Ex-Yankee Brett Gardner's family files lawsuit against Costa Rica resort after son's carbon monoxide death

Almost precisely 1 twelvemonth to the time aft his 14-year-old lad died of c monoxide poisoning astatine a Costa Rica resort, erstwhile New York Yankees prima Brett Gardner and his household filed a suit Friday against the hotel.

Miller Gardner died connected March 21 past twelvemonth astatine the Arenas Del Mar Beachfront & Rainforest Resort. Officials ruled the origin of decease connected April 3 aft they investigated some nutrient poisoning and asphyxiation.

"This has been the astir excruciating twelvemonth for our family. We felt each on that this calamity could person been prevented, and the preliminary probe reports confirmed our beliefs," the Gold Glove Award victor said successful a merchandise from Motley Rice LLC. "We are committed to raising consciousness and pursuing meaningful change. Our anticipation and supplication is that by taking this basal for accountability, we tin assistance forestall different household from suffering from specified a tragedy."

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Miller Gardner, the lad of erstwhile New York Yankee Brett Gardner, died successful 2025. (Courtesy of New York Yankees)

The suit alleges that the mechanical country and the devices wrong it did not comply with basal information standards, starring to accrued c monoxide levels.

The household is seeking damages for gross negligence, wrongful death, affectional distress, vicarious liability, breach of warranty, nonaccomplishment of filial consortium and different causes of action, according to the release.

All 4 members of the household "suffered a convulsive unwellness overnight, the origin of which is chartless astatine this time."

Gardner "suffered terrible vomiting and paralysis and was incapable to usage his arms oregon legs," according to Motley Rice, portion his wife, Jessica, "was cold, nauseous, weak, disoriented and suffering from hallucinations." She adjacent suffered a chopped to her caput with nary representation of however she got it.

The couple's older son, Hunter, whitethorn person saved his ain beingness by getting caller aerial outside, but not earlier having trouble moving his arms and legs.

The Gardners reason that the edifice should person known of the dangers posed to the family. Neither the mechanical country nor the impermanent rooms contained c monoxide monitors, an probe determined, according to Motley Rice. 

A infinitesimal of soundlessness is observed for Miller Gardner, lad of erstwhile New York Yankees subordinate Brett Gardner, earlier the commencement of an opening-day shot crippled betwixt the Yankees and the Milwaukee Brewers astatine Yankee Stadium, Thursday, March 27, 2025, successful New York.  (AP Photo/Seth Wenig)

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Miller was tested for carboxyhemoglobin, a compound generated erstwhile c monoxide binds to hemoglobin successful the blood. The trial showed a saturation level of 64%. It is considered lethal erstwhile carboxyhemoglobin saturation exceeds 50%. 

"We judge the owners and absorption of Arenas Del Mar Beachfront & Rainforest Resort failed to workout the required work of attraction that would person adequately safeguarded against c monoxide poisoning and nonaccomplishment of beingness to the Gardner family. Documents amusement they were warned and failed to instrumentality elemental changes for the information of their guests," Motley Rice litigator Michael Elsner said. "There indispensable beryllium accountability for these types of proprietor decisions."

Costa Rican authorities raided the edifice successful September successful the archetypal ceremonial hunt since Miller's death. As of that time, the decease was inactive nether investigation. Neither a spokesperson for the edifice nor Costa Rica officials instantly responded to a petition for comment.

New York Yankees halfway fielder Brett Gardner (11) is greeted aft hitting a solo location tally against the Toronto Blue Jays successful the ninth inning astatine Rogers Centre. (Dan Hamilton-USA TODAY Sports)

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Gardner was a Yankees outfielder for 14 seasons and was connected the squad erstwhile they won their last World Series rubric successful 2009. He spent his full vocation successful the Bronx, past playing successful 2021.

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