Fitness Club Faces Lawsuit After Child Suffers Severe Injuries

The Incident at The Bay Club

A fitness club is embroiled in a lawsuit following a tragic incident at its childcare facility in Southern California, leading to serious injuries for a toddler. The complaint alleges that an employee at The Bay Club El Segundo failed to catch a 23-month-old child, resulting in a traumatic brain injury.

Matthew and Elena Kittle filed the lawsuit on July 2 against The Bay Club, citing the incident occurred on March 17, 2025. During this incident, an employee threw the child, identified as C.K., into the air, six feet above the ground, but failed to catch him. C.K. hit his head on the hardwood floor, and the employee inadvertently fell on top of him, the suit states. The Bay Club is accused of minimizing the seriousness of the fall when talking to the parents. C.K. suffered a concussion and continues to face side effects.

Legal Claims and Video Evidence

The lawsuit, filed against The Bay Clubs Co. LLC and Bay Club South Bay LLC, includes multiple accusations: negligence, negligent hiring and supervision, intentional infliction of emotional distress, and battery, among others. A video included in the lawsuit depicts the sequence of events leading to the injury. It shows a female employee swinging the child by his hands, throwing him over her head, and failing to catch him as he fell.

The Bay Club has declined to comment on the lawsuit citing ongoing litigation. However, it stressed the safety of its members and their families as a top priority. The club operates several private fitness and country clubs along the West Coast, including California, Oregon, and Washington.

Details of the Aftermath

On the day of the incident, C.K.’s father was at another club location, leaving C.K. at the childcare facility. According to the lawsuit, security footage captured the fall at 9:20 a.m. Staff members contacted the parents, initially suggesting C.K. had calmed down post-fall. Calls later indicated that the child needed immediate attention, prompting his father to pick him up at 10:10 a.m.

C.K. showed visible facial injuries upon pickup, prompting his parents’ worry. They were further shocked by differing accounts given by club staff about the fall’s height. Medical professionals later questioned these accounts as inconsistent with C.K.’s injuries.

Medical Evaluation and Ongoing Concerns

Medical evaluation at an emergency room in Torrance further highlighted discrepancies. Despite claims of a fall from 1.5 feet, C.K.’s injuries suggested otherwise. A CT scan and neurological exams confirmed a concussion and blunt head trauma. Weeks post-incident, C.K. exhibited symptoms such as sensitivity to light and sound, irritability, and irregular sleep patterns.

A neurology specialist confirmed ongoing concussion symptoms as of April 2025. The child continues to suffer from hearing loss.

Legal Status of the Childcare Facility

The lawsuit also raises questions about the legal status of The Bay Club’s childcare services. Under California law, childcare centers must hold specific licenses unless exempt, a situation that does not appear to apply to The Bay Club. Parents frequently leave children at the facility while visiting other club locations, potentially voiding any exemption claims.

The parents, represented by Rosen Saba law firm, are demanding a jury trial and seeking damages alongside penalties.