PHILADELPHIA — A negligence and wrongful death lawsuit was filed on March 20, 2026 in Philadelphia federal court by Brett M. Gardner and other relatives. The lawsuit alleges that negligence by the owners and operators of Arenas Del Mar Beachfront & Rainforest Resort in Manuel Antonio beach, Costa Rica caused the carbon monoxide-related death of Miller Gardner.

Miller Gardner, who was 14 years old, died at Arenas Del Mar Beachfront & Rainforest Resort in Manuel Antonio beach, Costa Rica in March 2025 while on a family vacation. Brett Gardner and other family members were sickened at Arenas Del Mar Beachfront & Rainforest Resort during the same incident.

The lawsuit alleges that the resort's machine room was not properly ventilated and that carbon monoxide from it caused Miller Gardner's death and injuries to his family members. David Callan and R. Scott Williams, who own and operate Arenas Del Mar Beachfront & Rainforest Resort, and Hawk Opportunity Fund LP are named as defendants in the lawsuit.

Costa Rican authorities attributed Miller Gardner's death to carbon monoxide poisoning. Tests by Costa Rica's Judicial Investigation Agency showed that Miller Gardner had high levels of carboxyhemoglobin, a compound generated when carbon monoxide binds to hemoglobin in the blood.

Hawk Opportunity Fund LP is a venture capital firm based in Newtown, Pennsylvania. Brett Gardner was drafted by the New York Yankees in 2005 and spent his entire Major League Baseball career with the team. Gardner batted .256 with 139 home runs, 578 RBIs, 274 steals and 73 triples in 14 seasons from 2008 to 2021.