A California couple is suing a luxury country club daycare center after they say their 23-month-old son suffered a traumatic brain injury when an employee swung him through her legs, tossed him several feet into the air and failed to catch him, according to a lawsuit.
Matthew Kittle, Elena Kittle and their minor son, identified in the complaint only as C.K., filed the lawsuit against The Bay Clubs Company, LLC in Los Angeles County Superior Court.
The lawsuit paints a disturbing picture of what the Kittle family says happened March 17, inside The Clubhouse at Bay Club El Segundo, a 14,000-square-foot childcare center advertised as a place for children to participate in supervised play and organized activities.
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Surveillance video, provided to Fox News Digital by Rosen Saba, LLP, captured the heart-stopping moment a toddler was thrown into the air by a worker, crashing to the ground just before the adult fell on top of the child.
According to the complaint, Matthew Kittle dropped off C.K. at the El Segundo Clubhouse at about 8:35 a.m. and told staff he planned to pick him up at 11:30 a.m. The suit says Kittle also told the club he would be at Manhattan Country Club, about a mile away, while his son was in the Bay Clubs care.
Less than an hour later, at about 9:20 a.m., the lawsuit alleges, a female Bay Club employee was holding C.K. by his hands when she intentionally swung him between her legs, hoisted him over her head and released his hands while he was about six feet above the ground.
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The employee failed to catch him, the lawsuit says. C.K. allegedly fell to the hardwood floor, smashed his head and then the employee fell backward and landed on top of him.
The complaint includes still images it says are from Bay Clubs camera system. The filing alleges other adults in the room appeared “aghast” at the severity of the incident.
Ryan Saba, an attorney for the Kittle family, accused the club of failing the child and his parents.
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“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 alleges Bay Club staff then downplayed what happened.
At 9:28 a.m., Elena Kittle received a missed call from the Bay Club, according to the complaint. Two minutes later, Matthew Kittle received a call saying C.K. had “fallen” and had since “calmed down,” the suit alleges. A staff member allegedly said she did not think the parents needed to pick him up but wanted them to know an incident had occurred.
Matthew Kittle called back at 9:34 a.m. and, after being told he could not speak directly to Clubhouse staff, relayed that because he had been told C.K. was calm and not injured, they
