Matthew and Elena Kittle have filed a lawsuit against The Bay Clubs Company, alleging that a staff member at its El Segundo childcare facility dropped their nearly two-year-old son, causing a traumatic brain injury.

The complaint, filed in Los Angeles County Superior Court, claims the incident occurred on March 17 inside The Clubhouse at Bay Club El Segundo, a 14,000-square-foot childcare center promoted as a place for safe and supervised play.

According to the lawsuit, Matthew Kittle dropped off his son, identified only as C.K., around 8:35 a.m. and planned to pick him up midmorning. Roughly forty-five minutes later, a female employee allegedly swung the toddler between her legs, tossed him about six feet into the air, and failed to catch him.

Surveillance video shared by the family’s legal team at Rosen Saba, LLP, reportedly shows the moment the child fell onto the hardwood floor before the worker fell on top of him. The footage, according to the lawyers, depicts other adults reacting in shock.

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The lawsuit asserts that Bay Club staff contacted the parents shortly after the fall but described the situation as minor. A staff member allegedly told Matthew Kittle the child had "fallen" and "calmed down" and that it was not necessary for them to pick him up immediately.

About twenty-five minutes later, however, the club called again, saying the child needed to be picked up because he was still crying. When Matthew Kittle arrived around 10:10 a.m., the lawsuit claims, his son’s face was swollen and bruised far beyond what the couple had been told.

The complaint says the child was lethargic and irritable after returning home. Medical records included in the filing show that later that day, C.K. was taken to a hospital, where doctors diagnosed him with blunt head trauma, a concussion, and facial abrasions.

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The family says medical staff questioned whether such injuries could have been caused by a fall from just one and a half feet, which was the version of events reportedly described by a Bay Club employee to Elena Kittle later that day.

Four days after the incident, the Kittles obtained a copy of the surveillance footage from the company. According to their lawsuit, they were “shocked” by what the video revealed and by what they allege was the club’s effort to conceal details of what actually occurred.

The lawsuit further claims the Bay Club’s incident report was misleading, suggesting that the employee had “caught” the child and softened his fall when the video allegedly showed the opposite. The family contends this misrepresentation aggravated their distress.

Doctors at the UCLA Concussion Clinic later confirmed that C.K. continued to experience lingering concussion symptoms, including sensitivity to light and sound, irritability, and irregular sleep patterns, according to the filing.

Their attorney, Ryan Saba of Rosen Saba, LLP, accused the club of negligence, saying, “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.”

The family’s suit demands damages, punitive damages, civil and statutory penalties, attorneys’ fees, and a jury trial. Allegations include negligence, negligent hiring and supervision, fraud, and intentional infliction of emotional distress.

The Bay Club issued a statement saying it could not comment due to ongoing litigation but added, “At the Bay Club, the safety of our members, team members, and the families we serve is our highest priority.”

The case remains pending in Los Angeles County Superior Court while the Kittles continue to seek accountability for what they allege happened inside the El Segundo daycare.

Image Credit: Rosen Saba, LLP