An El Segundo childcare center is asking a judge to dismiss all but the negligence-based claims in a lawsuit filed by a couple who allege that an employee threw their then-23-month-old child in the air in 2025 and failed to catch him, resulting in a traumatic brain injury.
The plaintiffs in the Inglewood Superior Court case are Matthew Kittle and Elena Kittle on behalf of themselves and their son, C.K., against Bay Club South Bay LLC. The couple allege that an employee threw their then-23-month-old child, C.K., in the air and failed to catch him, resulting in a traumatic brain injury. The Kittles also contend the Bay Club tried to cover up the nature of the boy’s injuries.
On Monday, club attorneys filed court papers with Judge Tamara Hall ahead of an Oct. 15 hearing asking that the Kittles’ claims for battery, intentional infliction of emotional distress and fraud be dismissed.
“This is a negligence case at most,” the club’s lawyers argue in their pleadings. “Unfortunately, C.K.’s parents and counsel are desperately attempting, through crafty pleadings and misrepresentation of facts, to turn a mere accident into an intentional tort.”
Battery, intentional infliction of emotional distress and fraud are all intentional torts.
When the video is viewed frame from the 25 to 26 second mark, one can see the staff member still has her hands on C.K. as he goes behind her back, still appears to have her hands on him as C.K. lands on his feet, and then falls to his side about 9:20 a.m. March 17, 2025, according to the club’s attorneys’ pleadings.
The childcare center provided the video to the Kittles four days later, undercutting any argument of a concealment, the club’s attorneys further state in their court papers.
“It is clear from the face of the complaint that the Kittles have not alleged, and cannot allege, facts sufficient to establish any of the elements of a cause of action for fraud,” the club lawyers further state in their court papers. “They strike out on all elements.”
In addition, although C.K. was injured, that fact alone does not support an intentional infliction of emotional distress claim, and the battery claim should be dismissed because the boy was not touched with an intent that he be harmed, the club attorneys further state in their court papers.
“It is clear from the video that the TBCC employee was simply playing with (C.K.) …, according to the club lawyers’ court papers.
The childcare center’s lawyers also are asking that some passages of the Kittle suit be stricken, including one that partially reads, “The Bay Club lied to C.K.’s parents about the severity of his injury and how the incident occurred.”