A family is suing a fitness club in El Segundo, Calif., alleging their child was seriously injured after an employee at the facility's daycare tossed the 23-month-old in the air and failed to catch him.
Matthew and Elena Kittle filed the lawsuit against The Bay Club, an upscale membership club with multiple locations along the West Coast, including in Oregon, Washington and California.
According to the complaint, Matthew Kittle said he dropped his son off at the El Segundo Clubhouse on March 14 at around 8:35 a.m. The father then went to the Bay Club's Manhattan Beach Country Club location a mile away, according to the complaint.
Security video, which surfaced online, appears to show the toddler approaching a childcare worker and reaching for her hands. The worker than swings the child by the arms into the air, "approximately 6 feet above the ground," and then "released C.K.'s hands while he was above the employee's head and failed to catch him," according to the lawsuit.
The child can be seen falling to the floor behind her, and the employee falls backwards and appears to land on top of him.
The incident happened at 9:20, and Matthew Kittle said he received a call around 9:30 from the daycare. He was told his son had "fallen" and had since “calmed down."
Matthew was initially told by a staffer that there was no need to pick up his son and that everything was fine. However, 15 minutes later, Matthew received another call and was told that the child did need to be picked up as staff were unable to settle him.
When Matthew picked up his son 15 minutes later, the lawsuit states that his son’s face was "badly bruised," his right eye was swollen shut and his mouth was swollen. After arriving at home, the child was "extremely drowsy, lethargic, and irritable."
When Elena Kittle called the daycare to find out what happened, she says an employee, who described herself as the aquatics director, was untruthful. The complaint alleges the aquatics director falsely told the parents an employee "fell over while she was in a squatting position" and that the toddler was "only about 1.5 feet above the ground" when he fell.
When taken to the emergency room, the child was diagnosed with blunt head trauma and a concussion. Medical staff called into question the daycare center's assertion that the child had only fallen from 1.5 feet above the ground.
The parents seeking a jury trial, exemplary and punitive damages and civil and statutory penalties.
“The deception by the Bay Club of hiding this horrific incident from the parents is inexcusable," the family said in a statement. "The daycare 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.”
The Bay Club, which operates more than 25 clubs primarily in California, said its unable to comment on ongoing litigation.
"At the Bay Club, the safety of our members, team members, and the families we serve is our highest priority," it said in a statemen
