A family in California is suing a Los Angeles-area fitness club and daycare centre after surveillance video appeared to show a member of staff throwing their almost two-year-old son over their head, according to court documents reviewed by Global News
The child’s parents allege that their son suffered a severe traumatic brain injury and hearing loss in the incident, and that staff misrepresented the seriousness of his injuries. They are suing The Bay Club El Segundo for negligence, battery, fraud and intentional infliction of emotional distress, according to the legal filing
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The lawsuit, which was filed by the firm Rosen Saba, LLP, alleges that the incident occurred on the morning of March 17, 2025, after the toddler, referred to in the case as C.K., was dropped off at the club’s daycare by his father, who then made his way to the Manhattan Country Club, an associated private members’ location nearby
According to the lawsuit, “a female employee was holding C.K. by his hands” when the employee “intentionally swung C.K. between her legs,” before hurling him “up into the air over her head.”
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The employee then let go of C.K.’s hands while he was above the employee’s head approximately six feet above the ground, the lawsuit states
It also alleges that the daycare worker failed to catch the toddler, who fell to the ground, “smashed his head” on the floor and began hysterically crying, adding that the employee then fell backward, landing on top of the child
The family’s lawyers said in the filing that the daycare called the child’s father to inform him that his son had fallen, had since calmed down, and asked if he would like to pick him up
“The staff member stated that she did not think they needed to pick up C.K., but wanted to let them know that an incident took place,” the lawsuit said. “In doing so, she downplayed the significance of what actually happened,” it claims
Staff then called C.K.’s father back and said his son had not calmed down and requested he be picked up, according to the filing
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Rosen and Saba, LLP.
“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,” the lawsuit said. “Upon arriving home, C.K. was extremely drowsy, lethargic, and irritable.”
He was later taken to the hospital by his parents, where he was diagnosed with a brain injury
“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 lawsuit says the daycare’s description of the incident was “false” and “misleading,” and that it was operating its child care facility without an appropriate licence while falsely claiming an exemption available only to daycares for children whose parents and guardians are on the same premises as the facility
Lawyers for C.K’s family say his parents were not on the property when the incident occurred
