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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