A couple from California has initiated a lawsuit against a high-end country club daycare, accusing them of misconduct after their 23-month-old son experienced a serious brain injury. According to the claim, an employee allegedly swung the child between her legs, propelled him several feet into the air, and failed to catch him.
The legal action was taken by Matthew Kittle, Elena Kittle, and their young son, known in legal documents as C.K., against The Bay Clubs Company, LLC. The case was filed in the Los Angeles County Superior Court.
Describing a shocking incident, the lawsuit claims that on March 17, at The Clubhouse at Bay Club El Segundo, the Kittle family experienced a nightmare. This facility, spanning 14,000 square feet, is marketed as a safe environment where children can enjoy supervised play and structured activities.
Filed on March 17, 2025, the Kittles’ lawsuit targets The Bay Clubs Company following the events at the Bay Club El Segundo in California. (Rosen Saba, LLP)
Rosen Saba, LLP, provided surveillance footage to News Media capturing the alarming sequence: a daycare worker tossing the toddler into the air, who then tragically fell to the ground just before being inadvertently landed upon by the adult.
According to the complaint, Matthew Kittle dropped off C.K. at the El Segundo Clubhouse at about 8:35 a.m. and told staff he planned to pick him up at 11:30 a.m. The suit says Kittle also told the club he would be at Manhattan Country Club, about a mile away, while his son was in the Bay Club’s care.
Less than an hour later, at about 9:20 a.m., the lawsuit alleges, a female Bay Club employee was holding C.K. by his hands when she intentionally swung him between her legs, hoisted him over her head and released his hands while he was about six feet above the ground.
The employee failed to catch him, the lawsuit says. C.K. allegedly fell to the hardwood floor, smashed his head and then the employee fell backward and landed on top of 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 News Media.
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 News Media 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.