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Brett Gardner’s Family Files Federal Suit Against Costa Rica Resort Over Son’s Carbon Monoxide Death

The complaint alleges unsafe equipment placement with missing carbon monoxide monitors allowed lethal gas into adjacent guest rooms.

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.