The parents of the toddler dropped by a daycare worker — allegedly leaving him with a traumatic brain injury — had already endured the heartbreaking loss of their first child, who died from a rare birth defect just 58 minutes after birth.

Elena and Matt Kittle, who filed a lawsuit against The Bay Club in El Segundo after cameras captured a horrific incident involving their 23 month old son, suffered a devastating blow when their daughter Evie died 10 years ago.

The couple learned Evie had two birth defects — a diaphragmatic hernia and a hypoplastic left heart — during an ultrasound in 2014. Individually, both diagnoses are treatable, but when diagnosed together the survival rate drops, according to an article about Evie’s situation on the Ohio University website.

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Matt Kittle with his daughter Evie
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Pictures of those 58 minutes of life are displayed on the couple’s social media. Evie is seen in both her mother and father’s arms during the short time they had together.

“It was such a range of emotion, you hear that you’re having a girl, and you’re super excited and thinking of everything to come; then immediately you hear the devastating news that she has less than a 1 percent chance to even make it to delivery,” Matt said in the interview.

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Matt and Elena Kittle have filed a lawsuit against The Bay Club in El Segundo, CA.Matthew Kittle/Instagram
Evelyn “Evie” Grace Kittle was born on April 4, 2015, she was baptized, spent time with family, and was given a “lifetime in an hour.”

“I wanted to make sure I could take her outside because I thought that it would be kind of ridiculous for someone to be born and not breathe fresh air outside and see the sun,” Matt said.

Pictures of those 58 minutes of life are displayed on the couple’s social media. Evie is seen in both her mother and father’s arms during the short time they had together.

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Evelyn “Evie” Grace Kittle was born on April 4, 2015, she was baptized, spent time with family, and was given a “lifetime in an hour.”Instagram/elenakittle
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After the infant’s death the couple became organ donor advocates and went on to have more children including “C.K.”, who is at the center of the new lawsuit.Instagram/elenakittle
Kittle, a graduate of Ohio University, shared the heartbreaking story with his alma mater to create awareness for organ donation and establish a scholarship in Evie’s name.

After the infant’s death the couple became organ donor advocates and went on to have more children including “C.K.”, who is at the center of the new lawsuit.

The toddler suffered horrific injuries, including to his brain and hearing loss, after he was tossed up into the air and dropped on his head by a daycare worker, according to the lawsuit obtained by The California Post.

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After the infant’s death the couple became organ donor advocates and went on to have more children including “C.K.”, who is at the center of the new lawsuit.Rosen Saba LLP
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The toddler suffered horrific injuries, including to his brain and hearing loss, after he was tossed up into the air and dropped on his head by a daycare worker, according to the lawsuit obtained by The California Post. Rosen Saba LLP
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Footage shows the toddler well above the employee’s head before she’s unable to catch him and the two crash to the ground. C.K. hit his head during the fall, and began hysterically crying as other adults in the room looked on in shock.Rosen Saba LLP
Footage shows the toddler well above the employee’s head before she’s unable to catch him and the two crash to the ground. C.K. hit his head during the fall, and began hysterically crying as other adults in the room looked on in shock.

“The right side of C.K.’s face was badly bruised. His right eye was swollen shut and his mouth was swollen. Upon arriving home C.K was extremely  drowsy, lethargic, and irritable,” the lawsuit said.

An employee allegedly told Mr. Kittle over the phone that C.K had only fallen one and a half feet.

The lawsuit also alleges the El Segundo Bay Club is not licensed by the California Department of Social Services and improperly claims it is exempt because parents remain on the premises while their children are supervised. El Segundo Bay Club
The lawsuit also alleges the El Segundo Bay Club is not licensed by the California Department of Social Services and improperly claims it is exempt because parents remain on the premises while their children are supervised.

Mr. Kittle had dropped off C.K. at the Bay Club and then went to the Manhattan Country Club a mile away which is also owned by The Bay Club and one of the allowed membership perks, according to the lawsuit.

115What do you think? Post a comment.
The Kittles are asking for an amount to be determined by a jury, and accuse the Bay Club of negligence, battery, fraud, and emotional distress.

The Bay Club was contacted by The California Post multiple times, but have not responded for comment.