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Lawsuit claims negligence in death of former Yankees baseball player’s son at Costa Rican resort

PHILADELPHIA (AP) — A lawsuit filed Friday blames the owners and others associated with a resort in Costa Rica for the carbon dioxide-related death of former New York Yankees outfielder Brett M. Gardner’s teenage son last year.

Gardner and other relatives filed a negligence and wrongful death claim in Philadelphia federal court over the March 2025 death of 14-year-old Miller Gardner at the Arenas Del Mar Beachfront & Rainforest Resort in Manuel Antonio beach, located in Costa Rica’s Central Pacific.

The defendants include people who own and operate the resort, including David Callan and R. Scott Williams, as well as Hawk Opportunity Fund LP, a Newtown, Pennsylvania-based venture capital firm. Messages seeking comment were left Friday at businesses linked to the fund and the two men.

The Gardners were on a family vacation when Miller Gardner died and Brett Gardner and others were sickened. Costa Rican authorities blamed carbon monoxide poisoning.

Randall Zúñiga, director of that country’s Judicial Investigation Agency, said last year tests showed Miller Gardner had high levels of carboxyhemoglobin, a compound generated when carbon monoxide binds to hemoglobin in the blood.

The lawsuit alleges the machine room was not properly ventilated and carbon monoxide from it caused Miller Gardner’s death and injuries to his family members.

Brett Gardner was drafted by the Yankees in 2005 and spent his entire playing career with the organization. He batted .256 with 139 homers, 578 RBIs, 274 steals and 73 triples in 14 seasons from 2008-2021.

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Grandfather recovering from surgery after bison attack at Yellowstone sent him flying

By WTOP Staff
(CNN) — What started as a yearly trip for a grandfather and his grandson turned into a visit to a Montana hospital after a bison attack at Yellowstone National Park.Carl McDaniel, 65, was hospitalized with a broken femur after a bison charged and tossed him into the air Friday evening at the park’s Bridge Bay Campground, according to McDaniel and the National Park Service.He was visiting the park with his 13-year-old grandson when they decided to take a walk after dinner.Along the way, they encountered a large bison that appeared to be rolling around in the dust and was not bothering anyone, McDaniel told CNN.“We were about a hundred yards away,” McDaniel said. “He was not aggressive; he was not having problems and we took some pictures and decided to walk on.”McDaniel and his grandson snapped a quick photo and continued with their walk, video of the encounter shows. At the same time, a truck drove by, and the driver laid on his horn in what appeared to be an attempt to get the bison to move, McDaniel said. There is no audio on the video.The bison then appeared to become agitated and began running toward the pair.“There was little time to decide what to do. At that point, he was within 100 yards; he could be to us in seconds, so I told my grandson to run in one direction and I went the other to try and draw him away,” McDaniel said.The animal then pushed McDaniel with the top of its head, sending him flying into the air before he hit the ground, the grandfather said.“When I was on the ground immobile, unable to move, he was right on top of me. He could have stomped on me, he could have gored me, he could have done almost anything to take my life, and he did not do so,” McDaniel said.After McDaniel hit the ground, photographer Mike MacLeod, who captured the encounter on video, had to step in, he told Cowboy State Daily.“I was really afraid he was going to gore the guy on the ground, so I stopped videotaping and ran at the bison, yelled loud, and was trying to be as big and intimidating as possible,” MacLeod said.After the bison took off, people rushed over to McDaniel, who was in a lot of pain, MacLeod told Cowboy State Daily. Yellowstone EMS arrived soon after, he said.“Park emergency medical personnel responded and transported him to a nearby hospital,” the National Park Service said in confirming the incident in a statement to CNN.This is the second bison attack at Yellowstone this year. A 12-year-old was injured near Mud Volcano on June 26, according to the agency.After Friday’s attack, “all the people that were there were amazing; they were all positive, they were trying to help as best they could,” McDaniel said. A nurse started tending to his leg, while another bystander held his head.He was then transferred to a hospital in Bozeman, a two-hour journey during which he was in intense pain. He said he was grateful for the paramedic who helped him along the way.McDaniel broke his femur, the body’s strongest bone, in four places near his hip and suffered several bruises. He had surgery Sunday and could stand by Monday.“I will be doing physical therapy for the next few days to get to walk, but it was not as catastrophic as it could have been,” McDaniel said.The National Park Service advises visitors to stay at least 25 yards away from bison at all times and to never approach the animals. “If the bison follows you, spray bear spray as you are moving away, and seek cover behind nearby trees or cars,” the agency said.Correction: An earlier version of this story understated how far visitors should stay away from bison. The National Park Service advises visitors to stay at least 25 yards from them.The-CNN-Wire™ & © 2026 Cable News Network, Inc., a Warner Bros. Discovery Company. All rights reserved.
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