The Bay Club, a high-end fitness club chain, is currently facing legal action after an incident at one of its childcare centers in Southern California. Matthew and Elena Kittle have filed a lawsuit against The Bay Club, claiming negligence after their 23-month-old son, referred to as C.K., sustained a traumatic brain injury under the facility’s care.
The lawsuit, filed on July 2, details the event that took place on March 17, 2025, at The Bay Club’s El Segundo location, which includes a substantial childcare center. According to the complaint, a daycare employee tossed C.K. six feet into the air and failed to catch him, resulting in the child hitting his head on the hardwood floor.
After the incident, the employee fell backward and landed on C.K., worsening the situation. The club allegedly downplayed the seriousness of the fall to the child’s parents. C.K. was diagnosed with a concussion and continues to suffer from its effects.
The lawsuit’s allegations against The Bay Clubs Co. LLC and Bay Club South Bay LLC include several counts: negligence; negligence per se; negligent hiring, retention, and supervision; negligent infliction of emotional distress; fraud—intentional concealment; intentional infliction of emotional distress; and battery.
A video from the daycare center shows the employee swinging the child between her legs before throwing him over her head. The footage depicts the child falling, followed by the employee’s shocked reaction, along with other staff members expressing concern.
Following the incident, C.K.’s parents were contacted by the club. Initially, Matthew Kittle was told C.K. had simply “fallen” and “calmed down.” A subsequent call urged him to pick up C.K., as the staff struggled to settle him.
When Matthew Kittle arrived at 10:10 a.m., he noticed C.K. was bruised, his right eye swollen shut, and his mouth swollen. The lawsuit describes C.K. as lethargic and irritable at home, prompting concern from his parents.
An employee at the club described the incident to Elena Kittle differently, noting C.K. fell from only 1.5 feet above ground while held by another employee in a squatting position. However, medical staff later questioned this account, as C.K.’s injuries were more severe than what a fall from such a height would produce.
C.K.’s medical evaluation at a Torrance emergency room confirmed a concussion, blunt head trauma, and facial abrasion. An additional neurology assessment in April 2025 highlighted ongoing concussion symptoms, including sensitivity to light, irregular sleep, and hearing loss.
The legal complaint questions the childcare center’s licensing status, as California law mandates daycare licenses from the state Department of Social Services. The suit argues the Bay Club’s facility does not qualify for exemptions since parents aren’t always present. Furthermore, their website allegedly misrepresents that parents must remain on site during reservations.
The Kittles demand a jury trial, exemplary and punitive damages, alongside civil and statutory penalties, represented by Rosen Saba law firm.
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