Dan Kay, an attorney from New Hampshire who competed on Survivor: Gabon in 2008, died unexpectedly on New Year's Eve, according to a Legacy.com obituary. He was 40.

Kay, who has left behind two children and girlfriend Jennifer DePietro, got his law degree from Syracuse University and had a history of being an athlete before filming Survivor's 17th season. Police do not suspect foul play.

"Dan had a smile that could light up a room," Kay's obituary reads. "Those who knew Dan best, would agree he was a child at heart. Although the time he had with his children was cut much too short, he leaves them with numerous memories of times filled with fun and laughter, including those enjoyed at his favorite place, Sawyer Lake in Gilmanton, NH."

Survivor host Jeff Probst extended condolences to Kay's family after hearing the news, and some fellow contestants followed suit. Kelly Czarnecki noted "Gabon memories will never fade. Lucky to have shared a once in a life journey with him and the rest of the tribe. RIP Dan."

Kay was the eighth person voted off of Survivor: Gabon after 21 days.

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