Former New York Yankees athlete Brett Gardner and his wife, Jessica Gardner, filed a lawsuit against Costa Rica’s Arenas Del Mar Beachfront & Rainforest Resort for the wrongful death of their son, Us Weekly can confirm.
“Motley Rice LLC filed a lawsuit today on behalf of a family following the tragic and preventable death of their teenage son due to carbon monoxide poisoning,” a Friday, March 20, press release from the couple’s lawyer reads. “The teen, identified in the filing as MMG, died while vacationing with his parents, Brett and Jessica Gardner, and his older brother, identified as HG, at the Arenas Del Mar Beachfront & Rainforest Resort in Costa Rica.”
Brett, 42, announced in March 2025 that his son Miller died after “falling ill” on the family’s vacation. (Brett and Jessica also share son Hunter.)
“With heavy hearts, we are saddened to announce the passing of our youngest son, Miller. He was 14 years old and has left us far too soon after falling ill along with several other family members while on vacation,” a statement read at the time. “We have so many questions and so few answers at this point, but we do know that he passed away peacefully in his sleep.”
Brett and Jessica added, “Miller was a beloved son and brother and we cannot yet comprehend our life without his infectious smile. He loved football, baseball, golf, hunting, fishing, his family and his friends. He lived life to the fullest every single day.”
Local Costa Rican officials confirmed later that month that Miller died after exposure to carbon monoxide in his hotel room.
The Arenas Del Mar also released a statement after Miller’s death.
“We are deeply saddened by this loss, and our hearts go out to the family during this incredibly difficult time,” a statement from the resort read. “The factors that led to this tragic incident are unknown, and we are fully cooperating with authorities as they investigate. We remain committed to supporting our guests and staff, prioritizing their well-being and safety, while respecting the privacy of those affected.”
Nearly one year after Miller’s death, Brett and Jessica are seeking damages from the hotel for gross negligence, wrongful death, emotional distress, vicarious liability, breach of warranty and loss of filial consortium in court documents obtained by Us.
“This has been the most excruciating year for our family,” Brett said in a statement released via his attorney’s press release. “We felt all along that this tragedy could have been prevented, and the preliminary investigation reports confirmed our beliefs.”
The former athlete’s statement added, “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.”
In the court documents, Brett and Jessica claim the hotel is responsible for Miller’s death by failing “to comply with basic safety standards” on the property.
“Other guests of the hotel suffered similar injuries when staying in the same guest rooms,” the docs state. “Even after learning of these dangerous conditions, [the hotel] failed to remedy these dangerous conditions, thereby unnecessarily causing the death of [Miller] and [the couple’s] injuries.”
The Arenas Del Mar has not responded to the Gardners’ lawsuit. Us reached out for comment.
