One year after the death of their 14-year-old son, Miller, Brett Gardner and his wife Jessica have filed a lawsuit against the Arenas Del Mar Beachfront & Rainforest Resort in Costa Rica.
Gardner, 42, and his wife are seeking damages after their son died from carbon monoxide poisoning during a family vacation. The lawsuit, filed on Friday, March 20 and obtained by People, alleges the hotel was responsible for unsafe conditions.
According to the filing, the resort “failed to comply with basic safety standards,” which the family claims led to Miller’s death on March 21, 2025.
The lawsuit claims “dangerous levels of carbon monoxide” leaked into the family’s hotel rooms from a water heater that was not properly ventilated. The family says the “toxic fumes” entered their rooms, leading to their injuries and the death of Miller.
According to court records, the Gardners are seeking to hold the resort and its owners responsible for the physical and emotional harm suffered by Jessica, Brett and their older son, Hunter. They are asking for damages tied to claims including negligence, wrongful death and emotional distress.
Gardner, who played for the New York Yankees from 2008 to 2021, said in a statement through his lawyers, “This has been the most excruciating year for our family. 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.”
According to the complaint, Brett, Jessica and their sons, Hunter and Miller, were all affected by the carbon monoxide exposure per People.
Brett allegedly woke up “violently ill” on the night of March 20, 2025, feeling like he was “fighting for his life.” The filing claims he vomited multiple times and struggled to move his arms and legs.
Jessica reportedly woke up on the bathroom floor with no memory of how she got there. The documents say she hit her head, suffered a cut on her forehead, and experienced confusion and hallucinations.
Hunter, 17, also became sick and had similar symptoms, including a feeling of paralysis. According to the complaint, he managed to crawl to the terrace door and open it, allowing fresh air in. His condition slowly improved, but he remained very weak.
Brett and Jessica announced Miller’s death in a social media post on March 23. An autopsy in April confirmed he died from carbon monoxide poisoning. Authorities in Costa Rica are still investigating, and the hotel was raided in September, according to ESPN.