Toddler suffered brain injuries after country club daycare worker hurled him into the air, then fell on top of him, lawsuit alleges

By LAUREN ACTON-TAYLOR, US NEWS REPORTER Published: 16:56, 7 July 2026 | Updated: 17:00, 7 July 2026 A toddler in California was left with a traumatic brain injury after a country club daycare worker tossed him above her head and landed on top of him after he fell to the ground, a lawsuit alleged.  Matt Kittle, 44, entrusted his 23-month-old son, C.K, with The Bay Club Clubhouse in El Segundo on the morning of March 17, 2025, only to find him swollen and bruised just hours later.  Kittle, a member of the fitness club's Manhattan Country Club, signed in to drop his son at the daycare facility at around 8.30am.  Less than an hour later, security footage captured the horrific moment a worker of the Bay Club holding C.K by his hands and swinging him between her legs before she threw him above her head.  'The employee released C.K's hands while he was above the employee's head, at which point C.K was approximately six feet above the ground,' the complaint obtained by the Daily Mail stated.  When she was unable to catch him as he flew over her head, C.K fell and 'smashed his head' on the hardwood floor before the employee fell backwards on top of him.  Kittle's son began 'crying hysterically' as other adults in the room 'were aghast at the severity of the incident,' the complaint claimed.  The boy's father received a phone call from the daycare, who said his son had 'fallen' but had since 'calmed down.' Matt Kittle, 44, entrusted his 23-month-old son, C.K, with The Bay Club Clubhouse in El Segundo on March 17, 2025, only to find him swollen and bruised just hours later Security footage captured the horrific moment a worker of the Bay Club holding C.K by his hands and swinging him between her legs before she threw him above her head Kittle retrieved his son only to find he had been 'badly bruised' with his mouth swollen and right eye swollen shut. The toddler was later diagnosed with a concussion and brain injury '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,' court documents stated.  After around fifteen minutes, staff phoned Kittle back and said C.K wasn't able to settle down.  'The Bay Club gave Mr Kittle the impression that C.K only sustained a minor injury and that it was C.K who was causing stress on the staff which required a parent to retrieve the child,' the complaint said.  Just after 10am, however, Kittle retrieved his son only to find he had been 'badly bruised' with his mouth swollen and right eye swollen shut. 'Upon arriving home, C.K was extremely drowsy, lethargic and irritable,' the document continued. 'Mr and Mrs Kittle became very concerned about C.K's condition.' At that point, the anxious parents called up the country club almost immediately and asked about the incident.  They were told by the Bay Club's Aquatics Director that C.K had been held by an employee 'who fell over while she was in a squatting position,' with the toddler only around 1.5 feet off the ground.  An incident report by the club claimed that the employee had 'lost her footing' and she had caught the toddler as she fell 'helping him avoid hitting the ground,' according to the complaint.  When the employee was unable to catch him as he flew over her head, C.K fell and 'smashed his head' on the hardwood floor before she fell backwards on top of him The toddler was rushed to the emergency room, where medical staff questioned the daycare's account of the incident 'because the injuries were not consistent with a fall from 1.5 feet' 'The information conveyed by the Bay Club was not truthful,' the complaint claimed, adding that the club said the toddler had tried to sleep almost immediately after the fall and staff 'had trouble keeping him awake.' The Kittles rushed the injured toddler to the emergency room, at which point medical staff questioned the daycare's account of the incident 'because the injuries were not consistent with a fall from 1.5 feet.' Following a CT scan, C.K was diagnosed with a concussion, blunt head trauma and facial abrasion.  The boy's mother, 33-year-old Elena Kittle, called the daycare again, at which point she was told that the employee had lost her balance with the toddler in her arms and C.K was dropped on his legs and then his head from 1.5 feet off the ground.  C.K's parents took their son to a pediatrician and relayed the same story they had been told by the facility, at which point the medical professional also queried the height of the boy's fall, the complaint stated.  'Plaintiffs were unsatisfied with the story they were receiving from Defendants, so they insisted on receiving the video of the incident,' court documents said.  'When they saw the video, they were shocked by the severity of the fall C.K had experienced, as well as the fact that the Bay Club tried to cover up the true nature of the incident.' As time went on, C.K continued to experience sensitivity to light and sound, irritability, irregular sleep, lethargy and attachment issues, the lawsuit alleged.  An incident report by the club's daycare claimed that the employee had 'lost her footing' and she had caught the toddler as she fell 'helping him avoid hitting the ground' The complaint has accused The Bay Clubs Company LLC and Bay Club South Bay LLC of negligence, negligent hiring, negligent infliction of emotional distress, fraud, intentional infliction of emotional distress and battery On April 9, 2025, C.K was seen by a neurology specialist who found the toddler was still experiencing symptoms consistent with a 'definite concussion' that signaled the toddler was in pain.  The complaint has accused The Bay Clubs Company LLC and Bay Club South Bay LLC of negligence, negligent hiring, negligent infliction of emotional distress, fraud, intentional infliction of emotional distress and battery.  The suit further accused the club of running a daycare which is not licensed by the California Department of Social Services, according to the filing.  'The Bay Club incorrectly maintains it is exempt from licensing requirements and regulations because it has a policy that the parent or guardian must remain “on the property at all times” while their children are at the El Segundo Clubhouse,' the complaint continued.  'However, this policy and/or the implementation of said policy does not satisfy the requirements for an exemption because members/parents/guardians are not required to remain on the premises of Bay Club El Segundo.' The Kittles are demanding a trial by jury and seeking damages for past and future special damages, exemplary and punitive damages, civil and statutory penalties, attorney's fees, costs of the lawsuit and 'such other and further relief' deemed just by the court.  The Daily Mail reached out to the Kittles' lawyers, Ryan Saba and Michael Forman of the Rosen Saba law firm, and the Bay Club Clubhouse for comment.