PHILADELPHIA — Almost exactly one year to the day that his 14-year-old son died during a family vacation in Costa Rica, former Yankees outfielder Brett Gardner is taking legal action. The lawsuit filed Friday in federal court puts a spotlight on resort safety and raises questions about the financial stakes in wrongful death claims tied to carbon monoxide poisoning. The news sent shockwaves through the Yankees community and across the baseball world.
Gardner, who spent his entire 14-year career with the Yankees from 2008 to 2021, filed the wrongful death claim alongside his family in the Eastern District of Pennsylvania. The suit targets the owners and operators of the Arenas Del Mar Beachfront and Rainforest Resort in Manuel Antonio, Costa Rica, where his youngest son, Miller, died on March 21, 2025. The former Yankees center fielder was a beloved figure in the Bronx for more than a decade.
The filing names two Pennsylvania executives, David Callan and R. Scott Williams, along with their venture capital firm Hawk Opportunity Fund LP, based in Newtown, Pennsylvania, and two Costa Rican companies connected to the resort. Messages left by The Associated Press at businesses linked to the defendants were not immediately returned.
A family vacation turned deadly for the former Yankees star
The Gardner family checked into rooms located next to a mechanical control room at the resort. On the fourth night of their stay, all four family members fell violently ill. The lawsuit alleges that Brett Gardner described “fighting for his life” and being “unable to use his arms or legs.” His wife, Jessica, suffered a cut to her forehead and woke up on the bathroom floor with no memory of how she got there.
Their oldest son, Hunter, managed to crawl to an open terrace where he received fresh air. The Motley Rice law firm, which represents the former Yankees outfielder and his family, said that act may have saved Hunter’s life. Miller was not as fortunate. He was pronounced dead the following morning after falling unconscious.
Costa Rican authorities initially explored food poisoning and asphyxiation as possible causes. Investigators later confirmed carbon monoxide inhalation. Tests showed Miller’s carboxyhemoglobin saturation level at 64 percent. Medical experts consider levels above 50 percent to be lethal.
Yankees family seeks accountability through federal lawsuit
The Gardner family is seeking unspecified damages for gross negligence, wrongful death, emotional distress, vicarious liability, breach of warranty, loss of filial consortium and other causes of action. The lawsuit alleges the defendants “failed to comply with basic safety standards.” The former Yankees player’s attorneys also claim carbon monoxide monitors were not installed in the mechanical room or the guest rooms.
The suit further alleges, without providing evidence, that other guests who stayed in the same rooms also suffered similar illnesses. Six months after Miller’s death, Costa Rican authorities raided the resort to collect additional evidence. A prosecutor told ESPN that the investigation could lead to a manslaughter case. The former Yankees player’s legal team has been building the case for months.
“This has been the most excruciating year for our family,” Brett Gardner said in a statement through his lawyers. “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.”
“We believe the owners and management of Arenas Del Mar Beachfront and Rainforest Resort failed to exercise the required duty of care that would have adequately safeguarded against carbon monoxide poisoning and loss of life to the Gardner family,” Motley Rice litigator Michael Elsner said. “Documents show they were warned and failed to implement simple changes for the safety of their guests.”
Past cases signal what the financial stakes could be
While the Gardner lawsuit does not specify a dollar amount, similar carbon monoxide wrongful death cases have produced massive payouts. In 2018, the family of an 11-year-old boy who died at a Best Western hotel in Boone, North Carolina, reached a $12 million settlement after carbon monoxide leaked into his room from a faulty pool heater, according to legal filings reviewed by multiple outlets.
In Montana in 2024, a jury awarded $15 million to a widow whose husband died of carbon monoxide poisoning on their honeymoon at a resort where the boiler room was improperly ventilated and lacked monitors, according to Law and Crime. A $100 million lawsuit was filed earlier this year on behalf of three Massachusetts women who died of carbon monoxide poisoning at a Belize resort in February 2025, according to Scolaro Law. Attorney Tom Scolaro, who has litigated multiple carbon monoxide resort cases, secured an $11.75 million settlement for a couple poisoned abroad in a case resolved in under nine months.
Legal experts say carbon monoxide wrongful death claims involving children, prior warnings and the absence of detectors tend to produce the highest settlements and jury verdicts. The Gardner case, involving a prominent former Yankees player and a 14-year-old child, appears to check several of those boxes.
A beloved Yankees figure mourns his son
Few players were more synonymous with the Yankees’ identity over the past two decades than Brett Gardner. He was drafted by the Yankees in 2005 and played his entire career in pinstripes. The Yankees outfielder batted .256 with 139 home runs, 578 RBIs, 274 stolen bases and 73 triples across 14 seasons. He was a Gold Glove Award winner and a key member of the Yankees’ 2009 World Series championship team. He retired after the 2021 season as one of the most popular players in the Yankees clubhouse.
The Yankees held a moment of silence for Miller before the 2025 season opener at Yankee Stadium against the Milwaukee Brewers. Miller wore No. 11, the same number his father carried throughout his Yankees career. He played high school football in South Carolina. The Yankees organization released the family’s initial statement announcing Miller’s death two days after the tragedy.
The Centers for Disease Control and Prevention reports that more than 400 Americans die each year from unintentional carbon monoxide poisoning not linked to fires. Over 100,000 visit emergency rooms and more than 14,000 are hospitalized annually. The lawsuit filed by the Gardner family adds to a growing list of cases pushing for stronger safety standards at resorts and hotels. For Yankees fans who watched Gardner patrol the outfield for more than a decade, the case carries a deeply personal weight that extends far beyond any courtroom.
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