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

A California mates is suing a luxury state nine daycare halfway aft they accidental their 23-month-old lad suffered a traumatic encephalon wounded erstwhile an worker swung him done her legs, tossed him respective feet into the aerial and failed to drawback him, according to a lawsuit.

Matthew Kittle, Elena Kittle and their insignificant son, identified successful the ailment lone arsenic C.K., filed the suit against The Bay Clubs Company, LLC successful Los Angeles County Superior Court.

The suit paints a disturbing representation of what the Kittle household says happened March 17, wrong The Clubhouse astatine Bay Club El Segundo, a 14,000-square-foot childcare halfway advertised arsenic a spot for children to enactment successful supervised play and organized activities.

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Matthew and Elena Kittle filed a suit against The Bay Clubs Company implicit an incidental connected March 17, 2025, astatine the Bay Club El Segundo successful California. (Rosen Saba, LLP)

Surveillance video, provided to Fox News Digital by Rosen Saba, LLP, captured the heart-stopping infinitesimal a toddler was thrown into the aerial by a worker, crashing to the crushed conscionable earlier the big fell connected apical of the child.

According to the complaint, Matthew Kittle dropped disconnected C.K. astatine the El Segundo Clubhouse astatine astir 8:35 a.m. and told unit helium planned to prime him up astatine 11:30 a.m. The suit says Kittle besides told the nine helium would beryllium astatine Manhattan Country Club, astir a mile away, portion his lad was successful the Bay Club’s care.

Less than an hr later, astatine astir 9:20 a.m., the suit alleges, a pistillate Bay Club worker was holding C.K. by his hands erstwhile she intentionally swung him betwixt her legs, hoisted him implicit her caput and released his hands portion helium was astir six feet supra the ground.

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The worker failed to drawback him, the suit says. C.K. allegedly fell to the hardwood floor, smashed his caput and past the worker fell backward and landed connected apical of him.

The ailment includes inactive images it says are from Bay Club’s camera system. The filing alleges different adults successful the country appeared "aghast" astatine the severity of the incident.

Ryan Saba, an lawyer for the Kittle family, accused the nine of failing the kid and his parents.

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"When a genitor entrusts their kid to a daycare, they expect the employees to beryllium decently trained and responsible. The Bay Club failed connected some accounts," Saba, of Rosen Saba, LLP, told Fox News Digital.

The suit alleges Bay Club unit past downplayed what happened.

At 9:28 a.m., Elena Kittle received a missed telephone from the Bay Club, according to the complaint. Two minutes later, Matthew Kittle received a telephone saying C.K. had "fallen" and had since "calmed down," the suit alleges. A unit subordinate allegedly said she did not deliberation the parents needed to prime him up but wanted them to cognize an incidental had occurred.

Matthew Kittle called backmost astatine 9:34 a.m. and, aft being told helium could not talk straight to Clubhouse staff, relayed that due to the fact that helium had been told C.K. was calm and not injured, they would prime him up astatine the extremity of his scheduled session, the suit says.

At astir 9:45 a.m., Bay Club called again and said C.K. needed to beryllium picked up due to the fact that unit had not been capable to settee him down, according to the complaint.

The suit alleges that a unit subordinate tossed the Kittles' 23‑month‑old son, identified arsenic C.K., astir six feet successful the aerial and failed to drawback him, causing him to deed his caput connected the hardwood floor. (Rosen Saba, LLP)

When Matthew Kittle arrived astir 10:10 a.m., the suit says, helium saw injuries acold worse than what had been described.

The child’s close oculus was swollen shut, the close broadside of his look was severely bruised and his rima was swollen, according to the filing.

After returning home, the toddler was "extremely drowsy, lethargic, and irritable," the suit says.

The ailment alleges Elena Kittle aboriginal spoke with a Bay Club worker who identified herself arsenic the aquatics manager and said C.K. had been held by an worker who fell portion squatting, with the kid lone astir 1.5 feet supra the ground.

The suit says that relationship was false.

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According to the lawsuit, the toddler was taken to the exigency country aboriginal that time for valuation of blunt caput trauma and was diagnosed with a concussion, traumatic encephalon wounded and facial abrasions. (Rosen Saba, LLP)

C.K. was taken to a section infirmary aboriginal that greeting "for valuation of blunt caput trauma," according to the complaint. Doctors diagnosed him with blunt caput trauma, a concussion, besides described successful the filing arsenic a traumatic encephalon injury, and a facial abrasion, the suit says.

The suit alleges aesculapian unit questioned whether the child’s injuries matched the club’s statement of a abbreviated fall.

The adjacent day, C.K. was taken to his pediatrician, wherever the suit says the doc besides questioned whether the injuries were accordant with a autumn of astir 1.5 feet.

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The Kittles repeatedly pressed Bay Club for video, according to the complaint.

On March 21, the institution provided the video to the parents, who were "shocked" by the autumn and by what they accidental was an effort to conceal the truth, the suit says.

The ailment besides alleges Bay Club’s incidental study was mendacious and misleading. According to the lawsuit, the study said the worker mislaid her footing portion picking up C.K. and "caught" him, helping debar him hitting the ground.

The suit alleges the video proved otherwise.

Matthew and Elena Kittle filed a suit against The Bay Clubs Company implicit an incidental connected March 17, 2025. (Rosen Saba, LLP)

The household says C.K. continued suffering symptoms successful the days and weeks aft the incident, including sensitivity to airy and sound, irritability, irregular sleep, lethargy and attachment issues.

On April 9, C.K. was evaluated astatine the UCLA Concussion Clinic, wherever a neurology specializer noted helium was inactive experiencing concussion symptoms, the ailment says. The suit alleges helium continues to endure symptoms from the traumatic encephalon injury, including proceeding loss.

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The suit alleges negligence, negligence per se, negligent hiring, supervision and retention, negligent infliction of affectional distress, fraud, intentional infliction of affectional distress and battery. The household is seeking damages, punitive damages, civilian and statutory penalties, attorneys’ fees and a assemblage trial.

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The Bay Club said successful a connection to Fox News Digital that it could not sermon pending litigation.

"We are incapable to remark connected ongoing litigation. At the Bay Club, the information of our members, squad members, and the families we service is our highest priority," the institution said.