A California family has filed a lawsuit against a Los Angeles-area fitness club after surveillance video appears to show a childcare worker throwing their 23-month-old son over her head.

The incident occurred March 17, 2025, at the Bay Club in El Segundo, California, and is now the subject of ongoing litigation.

According to the lawsuit, the toddler suffered a traumatic brain injury after falling onto a hardwood floor while in the care of a Bay Club employee.

Surveillance video reviewed by ABC News appears to show the toddler, identified in court documents as C.K., approaching a childcare worker and reaching for her hands.

The worker then appears to swing the child between her legs before lifting him over her head.

The complaint alleges the employee “released C.K.’s hands while he was above the employee’s head,” leaving him “approximately 6 feet above the ground” before he fell. The lawsuit alleges the toddler hit the hardwood floor before the employee fell on top of him.

The complaint alleges the Bay Club 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, calling that account “a complete lie.”

It further alleges the surveillance footage “proves that the Bay Club’s description of the incident was intentionally false and misleading.”

According to the lawsuit, the toddler was taken to the emergency room later that day for evaluation of blunt head trauma and was diagnosed with a concussion, traumatic brain injury and facial abrasions.

The lawsuit also alleges he continues to experience symptoms more than a year later, including hearing loss.

While gym daycares are typically exempt from California childcare licensing rules, since parents are required to stay onsite, the complaint argues that the Bay Club should have been licensed by California Department of Social Services, alleging that parents are permitted to leave the premises to go to the nearby Manhattan Country Club.

According to the lawsuit, the child’s father checked him into the Clubhouse before going to the nearby Manhattan Country Club, about a mile away, while his son remained in Bay Club’s care.

“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,” attorney Ryan Saba of Rosen Saba LLP said in a statement.

In a statement to ABC News on Tuesday, the Bay Club said, “We are 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.”