US Parents File Lawsuit After Daycare Worker Tosses Toddler In Air, Drops Him

A California family has filed a lawsuit against an upscale fitness club, alleging their 23-month-old son suffered a traumatic brain injury after a childcare worker threw him into the air and failed to catch him. The lawsuit, filed on July 2 by Matthew and Elena Kittle, names The Bay Club El Segundo, located just south of Los Angeles. The incident allegedly took place on March 17, 2025, at the club's on-site childcare facility.

According to the complaint, the childcare worker was holding the toddler, identified only as CK, by his hands before swinging him between her legs and tossing him into the air. The suit alleges the child was lifted about six feet above the ground before the employee let go of his hands and failed to catch him.

The toddler allegedly fell head-first onto a hardwood floor, and the employee then fell backward, landing on top of him.

🚨 HORRIFIC: California parents are suing a fitness club after surveillance video allegedly shows a daycare worker tossing their 23-month-old son into the air and dropping him onto a hardwood floor.

The lawsuit says he suffered a traumatic brain injury, a concussion, and… pic.twitter.com/FjByNyiZiG

— Brandon Tatum (@TheOfficerTatum) July 8, 2026

The lawsuit says C.K. was taken for medical evaluation, where he underwent a CT scan and neurological examination. He was diagnosed with a concussion, blunt head trauma and facial abrasions. The family also alleges he later developed vision problems and continued to experience concussion symptoms, including sensitivity to light and sound, irritability, disrupted sleep, lethargy and increased attachment to his parents. A neurologist who examined him in April 2025 reportedly found he was still recovering from the injury.

"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. Upon arriving home, C.K. was extremely drowsy, lethargic, and irritable," the lawsuit said.

The parents further accuse The Bay Club of misleading them about what happened. According to the lawsuit, the club's general manager initially told Elena Kittle that her son had fallen from a height of about 1.5 feet after reviewing surveillance footage. However, when the family obtained the video four days later, they say they were shocked to see footage that appeared to show the child being thrown roughly six feet into the air before falling. The lawsuit accuses the club of attempting to downplay the seriousness of the incident.

The filing also claims daycare staff initially informed the child's father that his son had fallen but had calmed down and did not necessarily need to be picked up. A short time later, staff called back to say the toddler had not settled and requested that he be taken home.

In addition to negligence, the lawsuit accuses The Bay Club of battery, fraud and intentional infliction of emotional distress.

"The deception by the Bay Club of hiding this horrific incident from the parents is inexcusable.  The day care facility should have the highest amount of care for the children, and if a child gets sick or injured, they should notify the parents with transparency and urgency.” Ryan Saba of Rosen Saba, LLP, told Global News.

The complaint also questions whether the childcare facility was operating legally. It alleges the club did not qualify for an exemption from California's childcare licensing requirements because children could allegedly be left at the El Segundo facility while parents visited another Bay Club location about a mile away. The club's website, however, states that a parent or guardian must remain on-site while a child is in its childcare program.

The Bay Club, which operates locations across California, Oregon and Washington, told NBC News it would not comment on the pending litigation but said the safety of its members remains its highest priority. The Kittle family is seeking a jury trial, punitive damages and other civil penalties.