Parents who are suing a California daycare facility after their toddler allegedly sustained a traumatic brain injury have previously experienced the loss of another child.
Elena and Matt Kittle filed a lawsuit against The Bay Club in El Segundo, alleging that a daycare worker tossed their 23-month-old son, referred to as C.K., into the air and dropped him on his head. The incident, captured on security footage, reportedly left the child with severe injuries including to his brain and hearing loss.
According to the lawsuit, footage shows the toddler being thrown high above the employee's head before she failed to catch him, resulting in their fall to the ground. C.K. reportedly began crying hysterically after hitting his head, with other adults present appearing shocked. The lawsuit states that C.K. was later observed with significant bruising on the right side of his face, his right eye swollen shut, and his mouth swollen. Upon returning home, the child was described as extremely drowsy, lethargic, and irritable.
An employee allegedly downplayed the incident to Matt Kittle over the phone, claiming C.K. had only fallen a foot and a half. The lawsuit further alleges that The Bay Club is not licensed by the California Department of Social Services and improperly claims an exemption because parents remain on the premises while their children are supervised.
Matt Kittle had dropped off C.K. at The Bay Club and then proceeded to the nearby Manhattan Country Club, also owned by The Bay Club and accessible as a membership perk, according to the suit.
The Kittles are seeking an unspecified amount to be determined by a jury. They accuse The Bay Club of negligence, battery, fraud, and causing emotional distress. The Bay Club has not responded to requests for comment from The California Post.
This new legal action follows a previous tragedy for the couple. Ten years prior, they lost their daughter, Evie, who died just 58 minutes after birth due to a rare combination of birth defects: a diaphragmatic hernia and a hypoplastic left heart. While individually treatable, the combined diagnoses significantly reduced her chances of survival, according to an Ohio University article about Evie's situation. The Kittles have shared Evie's story to advocate for organ donation and establish a scholarship in her name. Following Evie's death, the couple became organ donor advocates and subsequently had more children, including C.K.