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

Summary

A California couple is suing a luxury country club daycare after their toddler allegedly sustained a traumatic brain injury. Surveillance video reportedly shows an employee tossing the child and failing to catch him. The lawsuit claims the daycare downplayed the incident and provided a false incident report.

Key Takeaways

1. 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.
2. 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.
3. The lawsuit alleges negligence, negligence per se, negligent hiring, supervision and retention, negligent infliction of emotional distress, fraud, intentional infliction of emotional distress and battery.

Statement Breakdown

• Claimed Facts: 50% of statements the article presents as facts
• Opinions: 30% of statements classified as editorial or subjective
• Claims: 20% of statements surfaced for additional reader evaluation

Credibility & Bias Reasoning

Credibility assessment: The article relies heavily on a lawsuit and attorney statements, which are inherently biased. While it includes a statement from the accused party, it lacks independent verification of the claims. The inclusion of surveillance video adds some factual weight.

Bias assessment: Plaintiff-Centric Legal Narrative. The article predominantly presents the allegations from the perspective of the suing parents and their legal representation. It frames the incident as a clear case of negligence and deception by the daycare, with limited counter-arguments.

Note: This article reports on a lawsuit's allegations. The events described are claims made by the plaintiffs and have not been independently verified or proven in court. The daycare has stated they cannot comment on pending litigation.

Credibility flag: Allegations, Not Proven

Claimed Facts (10)

• This states the parties involved and the location of the legal filing.
• This provides the date, location, and description of the facility where the alleged incident occurred.
• This details the timeline of the child's arrival at the daycare.
• This describes the alleged actions of the employee leading to the incident.
• This describes the immediate aftermath of the alleged swing and fall.
• This outlines the initial communication from the daycare to the parents after the incident.
• This describes the father's observation of the child's injuries upon pickup.
• This details the specific visible injuries to the child.
• This states the medical evaluation and diagnosis of the child's injuries.
• This indicates ongoing medical issues related to the alleged injury.

Opinions (5)

• This is a direct statement of opinion from the family's attorney regarding the daycare's alleged failures.
• The word 'aghast' is an interpretation of the adults' reactions, which is subjective.
• While reporting on the questioning, the phrasing implies a judgment by the medical staff that the club's description was insufficient.
• This is a direct assertion by the lawsuit that a previous account was untrue, which is a strong claim presented as fact but is part of the legal argument.
• While a statement from the company, the assertion about safety being their highest priority is a self-serving statement in the context of a lawsuit.

Claims (5)

• This is a factual statement about the company's response, but it avoids addressing the core allegations, making it a non-denial that could be interpreted in various ways.
• This is a claim about what the video proves, which is subjective interpretation within the context of the lawsuit.
• This is a serious accusation of fraud and deception, presented as an allegation within the lawsuit.
• This is a claim about ongoing, severe symptoms that are part of the damages sought in the lawsuit.
• These are legal claims that require proof and are not established facts at this stage.

Key Sources

• Sarah Rumpf-Whitten — Author
• Rosen Saba, LLP — Law Firm representing the Kittle family
• Ryan Saba — Attorney for the Kittle family
• The Bay Club — Luxury country club daycare center
• Fox News Digital — News Outlet