Health Club Faces Lawsuit After Toddler’s Injury at Day Care Facility
A Southern California health club is facing legal action following an incident in which an employee at its day care facility threw a 23-month-old child into the air and failed to catch him, resulting in a traumatic brain injury, as detailed in a recent lawsuit.
Lawsuit Filed by Parents of Injured Child
On July 2, Matthew and Elena Kittle filed a lawsuit against The Bay Club, an upscale health club chain with multiple locations, including a facility in El Segundo, California.
Incident Details and Allegations
The complaint states that the couple’s son, referred to as CK, was at the Bay Club’s El Segundo day care on March 17, 2025, when an employee tossed him approximately six feet into the air, failing to catch him upon his descent. CK fell headfirst onto the hardwood floor, leading to a subsequent injury when the employee fell backward onto him.
Downplayed Consequences of the Fall
Reportedly, the Bay Club attempted to minimize the seriousness of the fall to the boy’s parents. The lawsuit claims that CK suffered a concussion during this incident and continues to experience lingering side effects.
Negligence and Legal Claims Against The Bay Club
The lawsuit has been filed against The Bay Clubs Co. LLC and Bay Club South Bay LLC, alleging negligence in hiring, retention, and supervision of staff. Other claims in the complaint include intentional concealment of facts, mental distress, and battery.
Initial Club Response and Claims
The Bay Club stated that they cannot comment on ongoing litigation but emphasized their commitment to the safety of their members and families. The club operates private fitness and country clubs across the West Coast, including locations in Oregon, Washington, and California.
Incident Captured on Video
CK’s father dropped him off at the El Segundo clubhouse on the day of the incident, informing the staff he would be nearby for the next three hours. At 9:20 a.m., CK was injured, and security footage reveals a female employee swinging the child before throwing him over her head, ultimately failing to catch him. After CK’s fall, the footage shows the employee collapsing backward onto the child.
Injury Confirmation and Continuing Effects
CK’s condition prompted immediate concern from staff, as evidenced by video footage showing shocked reactions after the incident. When CK’s father was initially informed of the situation, he was told that CK had merely “fallen down” and had calmed down. However, when he arrived to pick up his son at 10:10 a.m., he noticed severe bruising and swelling on CK’s face. Subsequent medical evaluations diagnosed CK with a concussion and other related injuries, contradicting the Bay Club’s account of the incident.
Legal Status of The Bay Club’s Child Care Facility
Moreover, the lawsuit contends that the day care center was operating illegally, as California law mandates licensing by the Department of Social Services. The plaintiffs argue that The Bay Club does not qualify for exemptions under this law, as parents are often not present on-site, allowing children to be left in the facility while caregivers attend other activities.
Seeking Justice and Damages
The Kittles, represented by the Rosen Saba Law firm, are pursuing a jury trial seeking punitive damages, civil penalties, and statutory penalties in response to the alleged negligence and misconduct exhibited by The Bay Club.
