A California couple has filed a lawsuit against a luxury country club’s daycare facility, alleging their 23-month-old son sustained a traumatic brain injury after an employee swung him through her legs, threw him several feet into the air and did not catch him, according to the complaint.
Matthew Kittle, Elena Kittle and their young son, referred to in court documents only as C.K., brought the case against The Bay Clubs Company, LLC in Los Angeles County Superior Court.
The complaint describes what the Kittle family claims unfolded on March 17 inside The Clubhouse at Bay Club El Segundo, a 14,000-square-foot childcare center promoted as a supervised space where children can play and take part in structured activities.
Matthew and Elena Kittle are suing The Bay Clubs Company over an alleged March 17, 2025, incident at Bay Club El Segundo in California. (Rosen Saba, LLP)
Surveillance footage supplied to INC News by Rosen Saba, LLP, shows the alarming moment a daycare worker tossed a toddler into the air before he hit the floor, with the adult then falling onto the child moments later.
The lawsuit states that Matthew Kittle dropped C.K. off at the El Segundo Clubhouse around 8:35 a.m. and informed staff he would return at 11:30 a.m. He also allegedly told employees he would be at Manhattan Country Club, roughly a mile away, while his son remained under Bay Club’s supervision.
About 45 minutes later, at approximately 9:20 a.m., the complaint alleges, a female Bay Club employee held C.K. by the hands, deliberately swung him between her legs, lifted him above her head and let go while he was roughly six feet off the ground.
According to the suit, the employee did not catch him. C.K. allegedly dropped onto the hardwood floor, struck his head, and was then pinned when the employee fell backward and landed on him.
The complaint includes still images it says are from Bay Club’s camera system. The filing alleges other adults in the room appeared “aghast” at the severity of the incident.
Ryan Saba, an attorney for the Kittle family, accused the club of failing the child and his parents.
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“When a parent entrusts their child to a daycare, they expect the employees to be properly trained and responsible. The Bay Club failed on both accounts,” Saba, of Rosen Saba, LLP, told INC News.
The lawsuit alleges Bay Club staff then downplayed what happened.
At 9:28 a.m., Elena Kittle received a missed call from the Bay Club, according to the complaint. Two minutes later, Matthew Kittle received a call saying C.K. had “fallen” and had since “calmed down,” the suit alleges. A staff member allegedly said she did not think the parents needed to pick him up but wanted them to know an incident had occurred.
Matthew Kittle called back at 9:34 a.m. and, after being told he could not speak directly to Clubhouse staff, relayed that because he had been told C.K. was calm and not injured, they would pick him up at the end of his scheduled session, the lawsuit says.
At about 9:45 a.m., Bay Club called again and said C.K. needed to be picked up because staff had not been able to settle him down, according to the complaint.
The lawsuit alleges that a staff member tossed the Kittles’ 23‑month‑old son, identified as C.K., about six feet in the air and failed to catch him, causing him to hit his head on the hardwood floor. (Rosen Saba, LLP)
When Matthew Kittle arrived around 10:10 a.m., the suit says, he saw injuries far worse than what had been described.
The child’s right eye was swollen shut, the right side of his face was badly bruised and his mouth was swollen, according to the filing.
After returning home, the toddler was “extremely drowsy, lethargic, and irritable,” the lawsuit says.
The complaint alleges Elena Kittle later spoke with a Bay Club employee who identified herself as the aquatics director and said C.K. had been held by an employee who fell while squatting, with the child only about 1.5 feet above the ground.
The lawsuit says that account was false.
According to the lawsuit, the toddler was taken to the emergency room later that day for evaluation of blunt head trauma and was diagnosed with a concussion, traumatic brain injury and facial abrasions. (Rosen Saba, LLP)
C.K. was taken to a local hospital later that morning “for evaluation of blunt head trauma,” according to the complaint. Doctors diagnosed him with blunt head trauma, a concussion, also described in the filing as a traumatic brain injury, and a facial abrasion, the lawsuit says.
The suit alleges medical staff questioned whether the child’s injuries matched the club’s description of a short fall.
The next day, C.K. was taken to his pediatrician, where the lawsuit says the doctor also questioned whether the injuries were consistent with a fall of roughly 1.5 feet.
The Kittles repeatedly pressed Bay Club for video, according to the complaint.
On March 21, the company provided the video to the parents, who were “shocked” by the fall and by what they say was an effort to conceal the truth, the lawsuit says.
The complaint also alleges Bay Club’s incident report was false and misleading. According to the lawsuit, the report said the employee lost her footing while picking up C.K. and “caught” him, helping avoid him hitting the ground.
The lawsuit alleges the video proved otherwise.
Matthew and Elena Kittle filed a lawsuit against The Bay Clubs Company over an incident on March 17, 2025. (Rosen Saba, LLP)
The family says C.K. continued suffering symptoms in the days and weeks after the incident, including sensitivity to light and sound, irritability, irregular sleep, lethargy and attachment issues.
On April 9, C.K. was evaluated at the UCLA Concussion Clinic, where a neurology specialist noted he was still experiencing concussion symptoms, the complaint says. The lawsuit alleges he continues to suffer symptoms from the traumatic brain injury, including hearing loss.
The suit alleges negligence, negligence per se, negligent hiring, supervision and retention, negligent infliction of emotional distress, fraud, intentional infliction of emotional distress and battery. The family is seeking damages, punitive damages, civil and statutory penalties, attorneys’ fees and a jury trial.
The Bay Club said in a statement to INC News that it could not discuss pending litigation.
“We are unable to comment on ongoing litigation. At the Bay Club, the safety of our members, team members, and the families we serve is our highest priority,” the company said.
