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WATCH: California parents sue luxury daycare after toddler allegedly tossed into air, dropped on head

Published July 10, 2026 · Updated July 10, 2026 · By Elizabeth Hernandez

Lawsuit Filed Against Elite Daycare Following Alleged Toddler Tossing Incident

Parents Seek Justice After Son Suffers Severe Head Injury

WATCH: California parents sue luxury daycare after toddler allegedly tossed into air, dropped on head - A California family has initiated legal proceedings against a prestigious country club childcare facility, alleging that their young son sustained serious injuries when a staff member carelessly tossed him into the air and failed to secure him. According to court documents, Matthew Kittle and Elena Kittle, along with their minor child referred to as C.K. in the filing, have brought suit against The Bay Clubs Company, LLC in the Los Angeles County Superior Court. The complaint centers on events that transpired on March 17 at The Clubhouse at Bay Club El Segundo, an expansive 14,000-square-foot childcare establishment marketed as offering supervised play and structured activities for young children.

The lawsuit describes a harrowing sequence of events that allegedly occurred when a female employee at the Bay Club was holding C.K. by his hands. At approximately 9:20 a.m., the suit claims, the staff member deliberately swung the toddler between her legs, lifted him overhead, and then let go of his hands while he was positioned roughly six feet above the floor. Rather than catching the child, the employee allowed him to fall onto the hardwood surface, where he struck his head. In the aftermath, the staff member reportedly fell backward and landed directly on top of the toddler.

Surveillance footage, which Rosen Saba, LLP provided to Fox News Digital, reportedly captured the alarming moment when the worker threw the child upward. The video shows the toddler descending rapidly before crashing to the ground, with the adult collapsing onto him moments later. Still images from the Bay Club's camera system are included in the complaint, and the filing notes that other adults present appeared visibly shocked by the severity of what had occurred.

Initial Response Allegedly Downplayed Serious Incident

The complaint outlines how the daycare allegedly minimized the situation in its initial communications with the parents. Elena Kittle reportedly received a missed call from the facility at 9:28 a.m., and two minutes later, Matthew Kittle was informed that C.K. had "fallen" and had "calmed down." A staff member allegedly suggested that the parents need not rush to pick up their son but wanted to ensure they were aware that something had happened.

Matthew Kittle returned the call at 9:34 a.m. and, unable to speak directly with Clubhouse personnel, relayed that since he had been told the child was calm and uninjured, they would collect him at the conclusion of his scheduled session. However, the Bay Club contacted them again at approximately 9:45 a.m., stating that C.K. needed to be picked up because staff could not settle him. When Matthew arrived around 10:10 a.m., the suit alleges, he discovered injuries far more serious than what had been communicated.

The filing describes the toddler's condition as including a swollen-shut right eye, significant bruising on the right side of his face, and a swollen mouth. After returning home, the child was reportedly "extremely drowsy, lethargic, and irritable." The complaint further alleges that Elena Kittle subsequently spoke with a Bay Club employee who identified herself as the aquatics director. This employee claimed that C.K. had been held by a staff member who fell while squatting, with the child positioned only about 1.5 feet above the ground—a version of events the lawsuit characterizes as inaccurate.

Medical Evaluation Raises Questions About Injury Consistency

C.K. was transported to a local hospital later that morning for evaluation of blunt head trauma, according to the complaint. Medical professionals diagnosed the toddler with blunt head trauma, a concussion (also described as a traumatic brain injury), and a facial abrasion. The suit alleges that hospital staff questioned whether the child's injuries aligned with the club's explanation of a brief fall from a low height.

The following day, C.K. visited his pediatrician, where the lawsuit states the doctor similarly expressed doubt about whether the injuries were consistent with a fall of approximately 1.5 feet. Ryan Saba, an attorney representing the Kittle family, emphasized the breach of trust in such a situation. "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 Fox News Digital.

The lawsuit paints a comprehensive picture of what the family believes was a preventable accident resulting in significant harm to their son, seeking accountability from the prestigious childcare institution.