Parents Sue Fitness Club Over Child’s Injury at Daycare Facility

A fitness club in Southern California faces a lawsuit after an incident at one of its childcare facilities resulted in a young child’s traumatic brain injury. Matthew and Elena Kittle filed the lawsuit on July 2 against The Bay Club, an upscale club with several locations, including one in El Segundo, near Los Angeles.

The couple alleges their son, C.K., was injured on March 17, 2025, when an employee at The Bay Club’s daycare in El Segundo threw him into the air but failed to catch him. The complaint claims the child fell approximately 6 feet and hit his head on the hardwood floor, with the employee subsequently falling on top of him.

According to the lawsuit, The Bay Club downplayed the severity of the incident to the parents. C.K. suffered a concussion and continues to experience side effects, the complaint states. It alleges multiple forms of negligence, fraud, emotional distress, and battery against The Bay Clubs Co. LLC and Bay Club South Bay LLC.

The club has stated it cannot comment on ongoing litigation, emphasizing its high priority on safety for members and their families.

The incident occurred at the El Segundo Clubhouse, a 14,000-square-foot childcare center, where C.K. was left while his father attended a session at a nearby club. A security video shows the employee swinging C.K. and accidentally releasing him over her head, leading to the fall. The video captures staff reacting with shock.

The club’s call to the parents initially described C.K. as calm after the fall. Matthew Kittle was later informed his son needed to be picked up due to unsettled behavior. On arrival, he found C.K. with noticeable bruises and a swollen face, prompting concern.

Medical professionals questioned the club’s description, asserting injuries were inconsistent with the claimed fall height of 1.5 feet. C.K. was diagnosed with a concussion and other injuries.

The complaint revealed the video, received days later, showed the actual severity, suggesting a cover-up. Subsequent medical assessments confirmed ongoing symptoms affecting C.K.’s wellbeing.

Additionally, the lawsuit questions the legal operation of the daycare. California law requires licensing for childcare centers unless specific conditions are met, which the plaintiffs argue The Bay Club did not satisfy due to parental location rules.

The Kittles seek a jury trial for damages and penalties, represented by Rosen Saba Law Firm.