Overview
- The wrongful-death case was filed in the Eastern District of Pennsylvania and names owners and operators including David Callan, R. Scott Williams and Hawk Opportunity Fund LP.
- Plaintiffs allege a gas water heater in a poorly ventilated mechanical room emitted carbon monoxide that entered their rooms next door.
- Forensic testing reported Miller Gardner’s carboxyhemoglobin level at 64%, a saturation widely described as lethal.
- The filing seeks damages for wrongful death, gross negligence, emotional distress, vicarious liability, breach of warranty and loss of filial consortium.
- Costa Rican authorities say the criminal probe is active, including a September 2025 raid at the resort, and no criminal charges have been announced; representatives for the resort and some defendants did not immediately comment.