A South Bay family is suing the Bay Club in El Segundo, alleging a daycare worker tossed their 23-month-old son six feet into the air and failed to catch him, leaving the boy with a brain injury he still suffers from.

Matthew and Elena Kittle filed the lawsuit on July 2 against The Bay Clubs Co. LLC and Bay Club South Bay LLC in connection with an incident at the club's 2250 Park Place location on March 17, 2025.

Matthew Kittle dropped off his son, identified in court documents as C.K., at the Bay Club's children's Clubhouse around 8:30 a.m. that day. He told staff he would be at the Bay Club's Manhattan Country Club location, a separate facility about a mile away that is included as a membership perk.

Surveillance footage reviewed by the Los Angeles Times shows a female employee lifting C.K. by his hands, swinging him between her legs twice, then hoisting the toddler over her head and releasing his hands. The complaint alleges C.K. was approximately six feet above the ground. The employee failed to catch him. He struck the hardwood floor, and the worker fell backward on top of him around 9:20 a.m., according to the lawsuit.

What the club told the parents

Bay Club staff called Kittle at 9:30 a.m. and said C.K. had "fallen" but had calmed down. A second call came at 9:45 a.m. saying staff could not settle the boy. When Kittle arrived at 10:10 a.m., he found the right side of his son's face badly bruised, his right eye swollen shut, and his mouth swollen, NBC News reported.

An employee who identified herself as the aquatics director told Elena Kittle at 10:44 a.m. that C.K. had been held by a worker "who fell over while she was in a squatting position" and was only about 1.5 feet off the ground. The lawsuit calls that account "a complete lie."

Emergency room staff at a Torrance medical center also questioned the club's description because the injuries were inconsistent with a fall from 1.5 feet, according to the complaint. C.K. was diagnosed with a concussion, blunt head trauma, and facial abrasion. A neurology specialist who examined him in April 2025 found he was still experiencing concussion symptoms. As of the lawsuit filing, C.K. continues to experience hearing loss.

The family received the surveillance video on Friday, March 21, 2025, four days after the incident.

Licensing questions

The lawsuit also alleges the Bay Club's El Segundo childcare operation is not licensed by the California Department of Social Services. Under California law, childcare centers serving children from multiple families require a state license. An exemption exists when parents remain on the same premises, but the suit argues the Bay Club does not qualify because parents are allowed to leave the El Segundo location and visit the Manhattan Country Club a mile away.

The Bay Club's own website states: "Parents must remain on the property for the duration of the session." Operating without a required license is a misdemeanor under California law, subject to a $200-per-day fine.

What's next

The complaint alleges negligence, fraud through intentional concealment, battery, negligent hiring and supervision, and negligent and intentional infliction of emotional distress. The Kittles are seeking a jury trial and punitive damages; no dollar amount has been specified.

Their attorney, Ryan Saba of Rosen Saba LLP, said "the deception by the Bay Club of hiding this horrific incident from the parents is inexcusable."

The Bay Club said in a statement that safety is its highest priority but declined to comment further on the pending litigation. No court hearing date has been publicly announced, and no criminal charges have been reported.