Parents File Lawsuit Against Fitness Club After Child Sustains Severe Injury at Childcare

A fitness club faces a lawsuit following an incident at its Southern California childcare center. An employee allegedly threw a 23-month-old child into the air, failed to catch him, resulting in a traumatic brain injury, according to the complaint.

Matthew and Elena Kittle initiated the lawsuit on July 2 against The Bay Club, a high-end establishment with several branches, including one in El Segundo, located near Los Angeles. They claim their son, identified as C.K., was at The Bay Club’s daycare on March 17, 2025. During this time, an employee reportedly tossed him 6 feet into the air but failed to catch him, causing C.K. to fall and hit his head on the hardwood floor. The lawsuit states the employee also fell and landed on the child. It alleges that the club minimized the severity of the incident when informing the parents. The child is said to have suffered a concussion and continues to experience side effects.

The lawsuit, filed against The Bay Clubs Co. LLC and Bay Club South Bay LLC, accuses the club of negligence, negligent hiring and supervision, among other claims.

“At the Bay Club, the safety of our members, team members, and the families we serve is our highest priority,” the club stated, declining to comment further due to ongoing litigation.

The Bay Club LLC owns and operates fitness and country clubs across the West Coast, including in Oregon, Washington, and California. The El Segundo location features a 14,000-square-foot childcare center called the El Segundo Clubhouse. Children engage in supervised activities there. According to the lawsuit, C.K.’s father left his son at the center, informing staff he would be a mile away at the Manhattan Country Club for a few hours.

The complaint states C.K. was injured at 9:20 a.m. Footage submitted in the lawsuit illustrates a female employee swinging the child and releasing him over her head, failing to catch him as he fell. Other staff appeared shocked by the incident.

The parents received separate calls from the club regarding C.K.’s fall. Matthew Kittle was initially told his son had calmed down after the fall. Later, the club suggested C.K. should be picked up because he hadn’t settled. On collecting C.K. at 10:10 a.m., Matthew found his son with a bruised face, his right eye swollen shut, and his mouth also swollen. At home, C.K. was lethargic and irritable, prompting concern.

Later, Elena Kittle conversed with an aquatics director who claimed C.K. was in a squatting employee’s arms and fell from only 1.5 feet. The employee noted difficulty keeping C.K. awake afterward. Doubting this account, the parents sought medical evaluation.

C.K. was admitted to the emergency room in Torrance, where medical staff also questioned the club’s fall narrative due to the injuries observed. A CT scan and neurological exam resulted in a diagnosis of concussion and head trauma.

The club’s general manager later reiterated the 1.5-foot fall account after reviewing video footage. The parents, however, received the video showing the child was thrown and fallen from a height of at least 6 feet, sparking their claim that the club tried to conceal the incident’s true nature.

In the following weeks, C.K. exhibited symptoms such as sensitivity to light and sound, sleep irregularities, and attachment issues. A neurologist affirmed these as concussion symptoms. The child’s condition persists, with additional issues like hearing loss noted.

The lawsuit also questions the legality of the daycare’s operations, claiming it lacked proper licensing per California law. The Bay Club, unlike exempt establishments, doesn’t ensure parents are always onsite during services.

Represented by Rosen Saba law firm, the Kittles demand a jury trial and seek exemplary damages.