A California couple has filed a lawsuit against The Bay Clubs Company, alleging that their 23-month-old son sustained a traumatic brain injury at a luxury country club daycare after an employee allegedly swung him between her legs, tossed him approximately six feet into the air, and failed to catch him. The incident occurred on March 17, 2025, at The Clubhouse at Bay Club El Segundo.
According to the lawsuit filed in Los Angeles County Superior Court by Matthew and Elena Kittle, their son, identified as C.K., was under the care of the El Segundo childcare center when the alleged incident took place. Surveillance video obtained by the Kittle family's attorneys reportedly shows a female employee holding the toddler by his hands, swinging him between her legs, and then tossing him upwards. The lawsuit states the employee did not catch the child, causing him to fall to the hardwood floor and strike his head. The complaint further alleges that the employee then fell backward, landing on top of the child.
The Kittle family's attorney, Ryan Saba of Rosen Saba, LLP, stated that parents expect daycare employees to be properly trained and responsible, asserting that The Bay Club failed on both accounts. The lawsuit claims that other adults present in the room appeared shocked by the incident.
Following the alleged fall, the lawsuit states that Bay Club staff downplayed the severity of the event. Elena Kittle reportedly received a missed call from the club, and shortly after, Matthew Kittle received a call indicating that C.K. had "fallen" and "calmed down," with staff suggesting the parents did not need to pick him up immediately.
However, when Matthew Kittle arrived at the facility around 10:10 a.m., the lawsuit alleges he observed injuries far more severe than what was described. The child's right eye was swollen shut, the right side of his face was badly bruised, and his mouth was swollen. Later that morning, C.K. was taken to a local hospital, where he was diagnosed with blunt head trauma, a concussion, and a facial abrasion. Medical staff reportedly questioned whether the child's injuries were consistent with the club's initial account of a minor fall.
When the parents later obtained the surveillance video on March 21, they were reportedly shocked by the events depicted and what they described as an attempt to conceal the truth. The lawsuit alleges that the club's official incident report was false and misleading, claiming the employee lost her footing and "caught" the child, thereby avoiding a fall, which the video purportedly contradicts.
The Kittles report that C.K. continued to suffer symptoms in the weeks following the incident, including sensitivity to light and sound, irritability, irregular sleep patterns, lethargy, and attachment issues. An evaluation at the UCLA Concussion Clinic on April 9 indicated that the child was still experiencing concussion symptoms. The lawsuit alleges he continues to suffer from the traumatic brain injury, including hearing loss.
The family is seeking damages, punitive damages, penalties, attorneys’ fees, and a jury trial, alleging negligence, negligent hiring, supervision and retention, negligent infliction of emotional distress, fraud, intentional infliction of emotional distress, and battery.
A spokesperson for The Bay Club told Fox News Digital that the company could not comment on pending litigation but stated, "At the Bay Club, the safety of our members, team members, and the families we serve is our highest priority."