The parents of a 23-month-old boy are suing a luxury country club daycare center in Los Angeles County Superior Court, alleging their child suffered a traumatic brain injury when an employee swung him through her legs and failed to catch him.
The lawsuit, filed by Matthew Kittle, Elena Kittle, and their minor son, C.K., against The Bay Clubs Company, LLC, paints a disturbing picture of what the family says happened on March 17 at The Clubhouse at Bay Club El Segundo, a 14,000-square-foot childcare center.
Surveillance video captured the heart-stopping moment a toddler was thrown into the air by a worker, crashing to the ground just before the adult fell on top of the child. The complaint alleges that the employee swung C.K. between her legs, hoisted him over her head, and released his hands while he was about six feet above the ground, failing to catch him.
The child fell to the hardwood floor, smashing his head, and the employee fell backward and landed on top of him. The complaint includes still images from Bay Club's camera system, which allegedly show other adults in the room appearing "aghast" at the severity of the incident.
According to the lawsuit, Bay Club staff downplayed what happened, telling the parents that C.K. had "fallen" and had since "calmed down." However, when Matthew Kittle arrived to pick up his son, he saw injuries far worse than what had been described, including a swollen right eye, a badly bruised right side of his face, and a swollen mouth.
C.K. was taken to a local hospital, where doctors diagnosed him with blunt head trauma, a concussion, and a facial abrasion. Medical staff questioned whether the child's injuries matched the club's description of a short fall, and the family says C.K. continued to suffer symptoms in the days and weeks after the incident, including sensitivity to light and sound, irritability, irregular sleep, lethargy, and attachment issues.
The family is seeking damages, punitive damages, civil and statutory penalties, attorneys' fees, and a jury trial. The Bay Club said in a statement that it could not discuss pending litigation, but emphasized the importance of the safety of its members, team members, and the families it serves.
