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Brett Gardner and his wife Jessica are suing the Costa Rica resort where their son Miller died from carbon monoxide poisoning last year
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The Gardners claim Arenas Del Mar Oceanfront and Rainforest Resort “failed to adhere to basic safety standards,” according to court documents obtained by People
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“This has been the most traumatic year for our family,” Gardner said in a statement from his legal team.
A year after the death of their 14-year-old son, Miller, Brett Gardner and his wife, Jessica, are suing Arenas Del Mar Beachfront & Rainforest Resort in Costa Rica.
Miller died of carbon monoxide poisoning while on a family vacation, and Gardner, 42, and his wife are seeking damages from the hotel in a lawsuit filed Friday, March 20 and obtained by PEOPLE.
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The lawsuit alleges that the hotel “failed to adhere to basic safety standards,” leading to their son’s death on March 21, 2025.
The lawsuit alleges that the Gardners’ hotel room emitted “dangerous levels of carbon monoxide” because a water heater in the mechanical room was placed without proper ventilation. They claim “toxic fumes” entered the Millers’ room, “causing their injuries and deaths.”
Miller Gardner
Photo Credit: New York Yankees/X
The family wants to hold the resort and its owners responsible for the “personal physical and emotional harm” suffered by Jessica, Brett and their oldest son, Hunter, and is 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 records.
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The hotel has been contacted for comment.
Gardner, who played for the New York Yankees from 2008 to 2021, said in a statement through his attorney, “This has been a most traumatic year for our family. We have always believed that this tragedy could have been avoided, and the preliminary investigative report confirms our belief. We are committed to raising awareness and seeking meaningful change. Our hope and prayer is that by taking this stance of accountability, we can help prevent another family from suffering a tragedy like this.”
According to the complaint, Brett, Jessica, Hunter and Miller were all affected by carbon monoxide fumes. Brett allegedly woke up “seriously ill” on the night of March 20, 2025, feeling like he was “fighting for his life.” “This was unlike anything he had experienced before. Mr. Gardner experienced multiple episodes of vomiting. He also felt as though he was unable to use his arms or legs,” the complaint states.
Jessica allegedly “woke up on the bathroom floor with no memory of how she got out of bed” and “at some point, she hit her head and cut her forehead,” the documents state. She also allegedly suffered “disorientation and hallucinations” as a result of the poisoning.
New York Yankees Brett Gardner attends the launch of CCandy’s children’s clothing line with his wife Jessica and sons Miller and Hunter in New York City on August 8, 2013.
Photo credit: JP Yim/Getty
Hunter, 17, also fell ill and “experienced similar feelings of paralysis” as Jessica, documents show. Brett and Jessica’s oldest son “was able to crawl across the floor and open the patio door,” and because Hunter was able to get “fresh air” on the patio, his “symptoms began to slowly improve, but he remained very weak,” according to the lawsuit.
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Brett and Jessica announced Miller’s death in a social media post on March 23. “It is with heavy hearts that we sadly announce the passing of our youngest son, Miller. He was 14 years old at the time, fell ill along with several other family members while on vacation, and was taken from us a short time later,” the couple said.
They continued: “We currently have many questions and few answers, but we do know that he passed away peacefully in his sleep on the morning of Friday 21st March.”
In April, an autopsy confirmed Miller died of carbon monoxide poisoning. The investigation into his death by Costa Rican officials remains ongoing. The hotel was raided by authorities in September, ESPN reported.
Read the original article on People