Watch CBS News

Toddler severely injured after LA-area daycare employee allegedly throws him into air, lawsuit says

A Los Angeles family has filed a lawsuit against an El Segundo-based club after their toddler sustained severe injuries when he was allegedly dropped after being thrown into the air by an employee last March.

Family members say that their 23-month-old son suffered a traumatic brain injury and hearing loss in the incident. They're now suing The Bay Club El Segundo for negligence, battery, fraud and emotional distress.

According to the suit, which was filed by Rosen Saba, LLP., the incident happened at around 9:20 a.m. back on March 17, 2025, sometime after the 23-month-old child, referred to as C.K., was dropped off at The Bay Club El Segundo's clubhouse for daycare by his father. He then left for the nearby Manhattan Country Club, another Bay Club location.

The lawsuit alleged: "A female employee was holding C.K. by his hands. The employee intentionally swung C.K. between her legs. Then the employee hoisted C.K. up into the air over her head. The employee released C.K.'s hands while he was above the employee's head, at which point C.K. was approximately 6 feet above the ground," the lawsuit said. 

The lawsuit went on to say that the employee allegedly failed to catch the toddler, who fell to the floor and "smashed his head on the hardwood floor." At this point, the lawsuit alleged the employee fell backwards and landed on top of the child. 

screenshot-2026-07-07-183901.png
A screenshot from the security camera footage that captured the incident in March 2025. Rosen Saba, LLP.

Attorneys for the family said that the club called the child's father, Matthew Kittle, to say that C.K. had fallen, but had "since calmed down," and asked if he would like to pick him up. 

"The staff member stated that she did not think they needed to pick up C.K., but wanted to let them know that an incident took place," the lawsuit said. "In doing so, she downplayed the significance of what actually happened."

A short time later, the staff again called Kittle to say that they were actually unable to settle his son down and that he needed to be picked up, according to the lawsuit.

"Mr. Kittle observed that his son's injury was far more serious than he was led to believe by The Bay Club. The right side of C.K.'s face was badly bruised. His right eye was swollen shut and his mouth was swollen," the lawsuit said. "Upon arriving home, C.K. was extremely drowsy, lethargic, and irritable."

Later that morning, the family took C.K. to the emergency room, where doctors diagnosed the brain injury, the lawsuit said.

According to the suit, the boy's mother called and spoke with an employee at The Bay Club, who told her that her son was being held by an employee about a foot and a half off the ground when the fall happened. However, security footage obtained by the family's attorneys from the club proves that their "description of the incident was intentionally false and misleading."

The lawsuit claimed that the club was operating its childcare center without a required California daycare license while improperly declaring an exemption. 

According to the California Department of Social Services, childcare programs that offer temporary services to parents are exempt from maintaining a license when certain requirements are met, including services that are only provided to parents and guardians who are on the same premises as the site of the child program. 

Attorneys for the family say that C.K.'s parents were not in the same location as their child when the incident happened.

screenshot-2026-07-07-183915.png
The Bay Club El Segundo. CBS LA

CBS LA reached out to CDSS, which reported that after a record search they were unable to locate a license, pending application or record of an unlicensed facility at The Bay Club. 

A spokesperson for The Bay Club shared a statement with CBS LA upon request. It said, "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 Bay Club is a large network of lifestyle centers with more than 30 fitness and country club locations across California, Oregon and Washington.

View CBS News In
CBS News App Open
Chrome Safari Continue