Brett Gardner family files wrongful death lawsuit over son’s carbon monoxide death at Costa Rica resort
brett gardner and his family filed a wrongful death lawsuit on Friday, targeting the owners and operators of a Costa Rican resort where their 14-year-old son, Miller, was found dead of carbon monoxide poisoning. The suit centers on the family’s March 2025 vacation at Arenas Del Mar Beachfront & Rainforest Resort, where the complaint alleges a deadly buildup of carbon monoxide near their rooms. As of 3: 00 PM ET on Friday, no criminal charges have been filed and Costa Rican authorities’ investigation remains active.
What the lawsuit alleges, and what the family says went wrong
The complaint says the Gardner family stayed in rooms adjacent to a mechanical control room, which the lawsuit claims was the source of the carbon monoxide that entered their lodging area. The lawsuit attributes the alleged emission to decisions involving the placement of a gas water heater and a failure to provide proper ventilation, arguing the resort’s operators did not meet basic safety standards.
In a family statement included with the case, the Gardners said, “We felt all along that this tragedy could have been prevented, and the preliminary investigation reports confirmed our beliefs. ” Their attorney, Michael Eisner, said there was evidence of warnings about safeguards and a need for accountability in the decisions that were made. 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 lawsuit also asserts—without providing evidence—that other guests suffered “similar injuries” while staying in the same rooms.
Health impacts described in the complaint
The lawsuit describes severe illness affecting multiple family members. It states that Miller Gardner’s parents and older brother became seriously ill, and it includes an account in which brett gardner described “fighting for his life” and feeling as if he was “unable to use his arms or legs. ”
The suit seeks damages for multiple claims, including wrongful death, gross negligence, and emotional distress, among other requested relief.
Who is named, where the case was filed, and the status of responses
The case was filed in federal court in Pennsylvania. Named defendants include two Pennsylvania executives, their venture capital firm, and two Costa Rican companies connected to them. The executives identified in the lawsuit are David Callan, listed as director and president of the companies, and R. Scott Williams, listed as secretary.
As of Friday afternoon (ET), Williams did not respond to a message left seeking comment, and Callan could not be reached.
Quick context: what authorities have said so far
Miller Gardner died on March 21, 2025. Two days later, on March 23, 2025, Brett Gardner and his wife, Jessica, announced their youngest son’s death released by the New York Yankees, saying Miller fell ill along with several other family members while on vacation.
Investigators initially examined other possibilities. A representative from Costa Rica’s Judicial Investigation Department (OIJ) said the family had gone to eat at a restaurant and that food had made them sick, and the OIJ considered asphyxiation before ruling it out. On April 2, authorities said the death was caused by carbon monoxide that might have emanated from an adjacent machine room. A representative from the prosecutor’s office later said the case remained under investigation to determine whether the cause of death was a homicide or not and, if so, to establish responsibility. After authorities raided the hotel to collect additional evidence, a Costa Rican prosecutor said the investigation could lead to a manslaughter case.
What’s next
The civil case now moves into early stages where the defendants are expected to respond in court, while investigators in Costa Rica continue their inquiry. As of 3: 00 PM ET Friday, there are still no criminal charges, and the timeline for any prosecutorial decision has not been specified by officials. The Gardner family, through this filing, is pressing for accountability over the circumstances that led to Miller’s death—and the legal fight ahead will test their claims about preventable safety failures at the resort.
