Lawsuit Filed Against Fitness Club Over Child Injury at Childcare Facility

A fitness club is facing legal action following an incident at its Southern California childcare facility. An employee allegedly tossed a 23-month-old child, identified as C.K., into the air and failed to catch him, causing a traumatic brain injury, according to court documents.

Matthew and Elena Kittle initiated the lawsuit on July 2 against The Bay Club, an upscale fitness club with various locations, including one in El Segundo near Los Angeles. The incident reportedly occurred on March 17, 2025, at The Bay Club El Segundo. Allegations indicate that the child was thrown 6 feet into the air, landed on a hardwood floor, and the employee fell on top of him.

The lawsuit claims The Bay Club attempted to downplay the severity of the injuries sustained by the boy. The complaint lists charges of negligence, negligent hiring, infliction of emotional distress, fraud, and battery against The Bay Clubs Co. LLC and Bay Club South Bay LLC.

According to the complaint, the incident was caught on security video, showing the employee swinging the child by his hands and letting go during the throw. The video captured the fall and the reaction of staff members, who appeared shocked and concerned. The club’s contact with the parents after the incident indicated that the child had ‘fallen’ and had since ‘calmed down.’

The child’s father, Matthew Kittle, was initially told the injury was minor. Upon picking up C.K., he found his son visibly bruised with swollen facial features, prompting concern over his lethargic and irritable state.

The lawsuit also claims discrepancies between the club’s account of the fall height and the child’s injuries, citing skepticism from medical staff. C.K. was diagnosed with a concussion and other trauma upon evaluation at a medical center. Later, video evidence revealed the fall was from a height significantly greater than reported by the club’s management.

The incident brought to light potential licensing issues. The Bay Club allegedly failed to operate legally, as childcare centers require state licenses, which the club reportedly lacked. The club’s policy mandates that parents must remain on-site, yet the lawsuit alleges that children could be left while parents went off-site.

The parents are seeking jury trial, exemplary and punitive damages, and statutory penalties, represented by Rosen Saba law firm. The club, owning multiple locations across the West Coast, has emphasized its commitment to member safety but refrained from commenting on the ongoing legal proceedings.