California Couple Sues Day Care Center Over Alleged Child Injury

A couple in California has filed a lawsuit against a high-end country club day care, claiming that their 23-month-old son sustained a traumatic brain injury after being thrown in the air by an employee, who reportedly failed to catch him. The suit was brought forth by Matthew and Elena Kittle, along with their son, referred to as CK in the legal documents, against Bay Crabs Company LLC.

The complaint details alarming events that the Kittle family says took place on March 17 at the Bay Club El Segundo, a large child care center promoted as a safe environment for supervised play and structured activities.

Surveillance footage shared with Fox News Digital by the Kittles’ attorney shows a shocking moment when a worker launches the toddler into the air, only for him to crash down moments before an adult falls on him.

As described in the lawsuit, Matthew Kittle dropped CK off at the Bay Club around 8:35 a.m., planning to reclaim him later at 11:30 a.m. He also informed the staff of his whereabouts—at the nearby Manhattan Country Club.

Roughly an hour later, around 9:20 a.m., a female employee allegedly held CK, swung him between her legs, lifted him overhead, and released him from about six feet in the air. Staff members reportedly failed to catch him, causing CK to land on the hardwood floor and hit his head, followed by the employee landing on him.

Witnesses reportedly looked “shocked” at the incident’s seriousness, as noted in the filing.

The family’s attorney, Ryan Saba, criticized the day care for not providing adequate training and attention. “Parents leave children in day care expecting a safe environment. Bay Club failed on both counts,” he told Fox News Digital.

The suit suggests that the club downplayed what unfolded next. At 9:28 a.m., Elena Kittle missed a call from Bay Club. Shortly after, Matthew received a call stating CK had “fallen,” but the employee assured him that the child had calmed down. Officials claimed the incident did not warrant immediate parent intervention.

However, around 9:45 a.m., the Bay Club called again, stating they could not calm CK and urged the Kittles to pick him up.

When Matthew arrived at about 10:10 a.m., he was taken aback by CK’s injuries, which were more severe than what had been communicated. He noticed CK’s right eye was swollen shut, his face badly bruised, and his mouth swollen.

After returning home, CK exhibited extreme sleepiness and irritability. In a subsequent conversation with a Bay Club employee, who introduced herself as the aquatics director, Elena learned that CK had been supported as the employee squatted and that he had only fallen about 1.5 feet, according to her statement. However, the family asserts that this explanation was misleading.

Later that day, CK was evaluated for blunt head trauma and diagnosed with a concussion, traumatic brain injury, and facial abrasions. Medical professionals expressed doubt about whether his injuries aligned with a simple fall, raising further questions about the daycare’s accounts.

Over the subsequent days, CK continued to exhibit concerning symptoms, such as sensitivity to light and sound, irritability, and disrupted sleep patterns. By April 9, evaluation at the UCLA Concussion Clinic revealed ongoing symptoms consistent with a concussion.

The lawsuit encompasses a range of allegations, including negligence, emotional distress, and fraud, as well as a demand for various damages and a jury trial.

In response, Bay Club stated it cannot comment on the ongoing litigation but underscored that the safety of its members and staff remains a top priority.