Anthony Olivieri
Multiple Authors
The household of former New York Yankees outfielder Brett Gardner filed a wrongful death lawsuit Friday in opposition to the house owners and operators of the Costa Rican resort the place their 14-year-old son Miller was discovered useless of carbon monoxide poisoning in March 2025.
Six months after authorities raided Arenas Del Mar Beachfront & Rainforest Resort, the plaintiffs mentioned within the lawsuit that the defendants “failed to comply with basic safety standards,” and the household’s lawyer mentioned there was proof of, and warnings about, the necessity for safeguards.
The lawsuit added, with out offering proof, that different company suffered “similar injuries” whereas staying in the identical rooms. Miller Gardner’s dad and mom and older brother turned significantly unwell, and the lawsuit mentioned Brett Gardner described “fighting for his life” and feeling as if he was “unable to use his arms or legs.”
The Gardner household stayed in rooms adjoining to a mechanical management room from the place it mentioned the carbon monoxide emitted, the lawsuit mentioned. That occurred as a result of of the defendants’ placement of a gasoline water heater and failure to offer correct air flow, based on the grievance.
“We felt all along that this tragedy could have been prevented, and the preliminary investigation reports confirmed our beliefs,” the Gardner household mentioned in a press release.
The household’s lawyer, Michael Eisner, added: “Documents show they were warned and failed to implement simple changes for the safety of their guests. There must be accountability for these types of owner decisions.”
The household is in search of damages for wrongful death, gross negligence and emotional misery, amongst different issues. No felony fees have been filed, and an investigation in Costa Rica continues.
Two Pennsylvania executives, their enterprise capital agency and two Costa Rican corporations they’re related to have been named within the federal lawsuit filed in Pennsylvania. David Callan, director and president of the businesses, and R. Scott Williams, the secretary, are the executives named.
Williams didn’t reply to a message left by ESPN, and Callan couldn’t be reached.
After Miller Gardner died March 21, 2025, Brett Gardner and his spouse, Jessica, introduced their youngest son’s death March 23 in a press release launched by the Yankees. According to the assertion, Miller Gardner fell unwell together with a number of different relations whereas on trip.
Two days later, a consultant from Costa Rica’s Judicial Investigation Department (OIJ) informed ESPN that the Gardner household had “gone to eat at a restaurant and that the food had made them sick.” The spokesperson mentioned the OIJ thought-about asphyxiation earlier than ruling it out, and the division later informed ESPN by textual content message that investigators believed the death to be unintentional moderately than the outcome of foul play.
On April 2, authorities mentioned the death was brought on by carbon monoxide, which could have emanated from an adjoining machine room. Two months later, a consultant from the prosecutor’s workplace informed ESPN that the case remained below investigation and that prosecutors sought “to determine whether the cause of death was a homicide or not, and, if so, to establish responsibility.”
Three months after that, when authorities raided the resort to gather further proof, a Costa Rican prosecutor informed ESPN that the investigation may result in a manslaughter case.
Miller Gardner performed highschool soccer in South Carolina and wore No. 11, which his father donned throughout 14 MLB seasons, all with the Yankees. Brett Gardner, a well-liked staff chief, was a member of New York’s 2009 championship staff and retired in 2021.
ESPN’s Gueorgui Milkov contributed to this report.
