PHILADELPHIA, PA– (March 20, 2026) Motley Rice LLC filed a lawsuit today on behalf of a family following the tragic and preventable death of their teenage son due to carbon monoxide poisoning. The teen, identified in the filing as MMG, died while vacationing with his parents, Brett and Jessica Gardner, and his older brother, identified as HG, at the Arenas Del Mar Beachfront & Rainforest Resort in Costa Rica.
Filed in the Eastern District of Pennsylvania, the federal lawsuit seeks to hold the resort and the Pennsylvania executives who own and oversee the resort accountable. The family is seeking damages for gross negligence, wrongful death, emotional distress, vicarious liability, breach of warranty, loss of filial consortium and other causes of action.
“This has been the most excruciating year for our family. We felt all along that this tragedy could have been prevented, and the preliminary investigation reports confirmed our beliefs. We are committed to raising awareness and pursuing meaningful change. Our hope and prayer is that by taking this stand for accountability, we can help prevent another family from suffering from such a tragedy,” stated Brett Gardner.
The Gardners were four days into their family vacation on March 20, 2025, when they decided to turn in for the night around 8:45 p.m. Their two first-floor rooms were housed on either side of a mechanical room that contained a hot water heater, electrical transformer and various pipes. Unbeknownst to the family, the mechanical room and the devices within it did not comply with basic safety standards; the lawsuit alleges.
The water heater’s placement in the inadequately ventilated mechanical room contributed to increased levels of carbon monoxide, which caused deadly carbon monoxide gas to leak into the neighboring guest rooms occupied by the Gardner family, the suit also claims.
Each of the four members of the Gardner family suffered a violent illness overnight, the cause of which was unknown at the time. Jessica Gardner awoke in room 501A with a cut on her forehead and no memory of how she got it. She was cold, nauseous, weak, disoriented and suffering from hallucinations. Her husband Brett suffered severe vomiting and paralysis and was unable to use his arms or legs. Their eldest son woke up in room 501B. He too had difficulties moving his arms and legs but managed to crawl to an open terrace where he received fresh air, possibly saving his life. His younger brother MMG fell unconscious at some point during the night and was pronounced dead the following morning.
The plaintiffs allege the defendants knew or should have known the risk of toxic exposure posed to the Gardner family, particularly because several other guests who previously stayed in the same rooms also suffered extreme illnesses during their vacations. The lawsuit asserts that in at least one instance the hotel knew that a guest required medical care for similar symptoms to the plaintiffs. Neither the mechanical room nor the guest rooms contained carbon monoxide monitors, an investigation determined.
“We believe the owners and management of Arenas Del Mar Beachfront & Rainforest Resort failed to exercise the required duty of care that would have adequately safeguarded against carbon monoxide poisoning and loss of life to the Gardner family. Documents show they were warned and failed to implement simple changes for the safety of their guests. There must be accountability for these types of owner decisions,” stated Motley Rice litigator Michael Elsner.
About Motley Rice
Motley Rice LLC is one of the nation’s largest plaintiffs’ litigation firms. With a tradition of representing those whose rights have been violated, Motley Rice attorneys gained recognition for their pioneering asbestos lawsuits, their work with the State Attorneys General in the landmark litigation against Big Tobacco, their representation of Sept. 11 families and survivors against terrorist financiers, and their leadership in the ongoing national opioid crisis litigation.
The firm handles complex litigation in numerous areas, including wrongful death; consumer fraud protection; asbestos exposure and mesothelioma; environmental contaminations; harmful prescription medicine and medical devices; human rights violations; aviation disasters; and securities fraud. Motley Rice is headquartered in Mt. Pleasant, S.C., and has additional offices in California; Connecticut; New Jersey; New York; Pennsylvania; Rhode Island; Washington, D.C. and West Virginia.
For more information, contact Motley Rice attorney Mike Daly (NJ, PA) at 1.800.768.4026 or visit www.motleyrice.com. Motley Rice LLC, a South Carolina Limited Liability Company, is engaged in the New Jersey practice of law through Motley Rice New Jersey LLC. Esther Berezofsky is the attorney responsible for New Jersey practice. Motley Rice LLP operates the CA office.