A fitness club in Southern California faces a lawsuit after an incident at its childcare facility led to a severe injury. The complaint, filed by Matthew and Elena Kittle, claims that their 23-month-old son, known as C.K., sustained a traumatic brain injury while in the care of The Bay Club in El Segundo.

Details of the Incident

The lawsuit states that on March 17, 2025, an employee at the daycare allegedly tossed C.K. six feet into the air, failing to catch him. This resulted in C.K. hitting his head on the hardwood floor. The employee then reportedly fell backward, landing on top of the child. The Bay Club is accused of downplaying the event’s severity when informing the parents.

Legal Claims

The suit, filed against The Bay Club Co. LLC and Bay Club South Bay LLC, includes allegations of negligence, negligent hiring, emotional distress, fraud, and battery. A video linked to the legal complaint shows the employee swinging C.K. before the incident occurred.

Initial Club Reactions

Other staff reacted with concern, according to the video footage. Club representatives initially contacted C.K.’s father, informing him of the fall and mentioning the child had calmed down. A subsequent call encouraged immediate pickup due to C.K.’s distress. Upon retrieval, C.K. was found with significant bruising and swelling.

Medical Assessment

At the medical center, a CT scan and neurological examination confirmed C.K. had a concussion along with other head injuries. Medical staff questioned The Bay Club’s claim that the fall was from only 1.5 feet, considering the observed injuries. The family later received video evidence showing the fall was from a much greater height.

Continued Impact

C.K. continues to suffer from concussion symptoms, which include sensitivity to light and sound, irritability, and sleep disturbances. A neurology specialist documented these symptoms in April 2025 and concluded that they were concussion-related.

Operational Compliance Questions

The lawsuit also raises questions about the legality of the daycare operation. Under California law, a license is necessary for such centers unless exempt. The Bay Club claims parents need to be on-site, contradicting observations that they can leave the premises.

Legal Demands

Represented by Rosen Saba, the Kittles seek a jury trial, along with punitive damages and other penalties. The Bay Club has stated safety as a top priority but did not comment further on the ongoing litigation.