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Almost exactly one year to the day after his 14-year-old son died of carbon monoxide poisoning at a Costa Rica resort, former New York Yankees star Brett Gardner and his family filed a lawsuit Friday against the hotel.
Miller Gardner died on March 21 last year at the Arenas Del Mar Beachfront & Rainforest Resort. Officials ruled the cause of death on April 3 after they investigated both food poisoning and asphyxiation.
“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,” the Gold Glove Award winner said in a release from Motley Rice LLC. “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.”
The lawsuit alleges that the mechanical room and the devices within it did not comply with basic safety standards, leading to increased carbon monoxide levels.
The family 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 the release.
All four members of the family “suffered a violent illness overnight, the cause of which is unknown at this time.”
Gardner “suffered severe vomiting and paralysis and was unable to use his arms or legs,” according to Motley Rice, while his wife, Jessica, “was cold, nauseous, weak, disoriented and suffering from hallucinations.” She even suffered a cut to her head with no memory of how she got it.
The couple’s older son, Hunter, may have saved his own life by getting fresh air outside, but not before having difficulty moving his arms and legs.
The Gardners argue that the resort should have known of the dangers posed to the family. Neither the mechanical room nor the guest rooms contained carbon monoxide monitors, an investigation determined, according to Motley Rice.
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Miller was tested for carboxyhemoglobin, a compound generated when carbon monoxide binds to hemoglobin in the blood. The test showed a saturation level of 64%. It is considered lethal when carboxyhemoglobin saturation exceeds 50%.
“We believe the owners and management of Arenas Del Mar Beachfront & 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. Documents show they were warned and failed to implement simple changes for the safety of their guests,” Motley Rice litigator Michael Elsner said. “There must be accountability for these types of owner decisions.”
Costa Rican authorities raided the resort in September in the first formal search since Miller’s death. As of that time, the death was still under investigation. Neither a spokesperson for the resort nor Costa Rica officials immediately responded to a request for comment.
Gardner was a Yankees outfielder for 14 seasons and was on the team when they won their last World Series title in 2009. He spent his entire career in the Bronx, last playing in 2021.
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