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Brett Gardner Family Sues Costa Rica Resort in Federal Case Over Son’s Carbon Monoxide Death

The Pennsylvania filing targets resort owners with state ties over investigators’ carbon monoxide finding.

Overview

  • The wrongful-death and negligence suit was filed March 20 in the Eastern District of Pennsylvania against the Arenas Del Mar resort’s owners, operators and linked Pennsylvania entities.
  • The complaint names executives David Callan and R. Scott Williams and Hawk Opportunity Fund LP, alleging failures that allowed lethal gas to infiltrate adjacent guest rooms.
  • The filing asserts a gas water heater was improperly placed and poorly ventilated in a mechanical room next to the family’s rooms and that no carbon monoxide detectors were installed.
  • All four family members became ill; Miller’s carboxyhemoglobin level was reported at 64%, and the suit says their older son improved only after reaching fresh air on the terrace.
  • The lawsuit claims prior guests reported similar issues in the same rooms and says the resort later added carbon monoxide detectors and upgraded its water-heating system, while Costa Rica’s criminal probe continues without charges.