A California couple has filed a lawsuit against The Bay Club after alleging that their 23-month-old son suffered a traumatic brain injury during an incident at one of the company’s childcare facilities in El Segundo. According to the complaint, the toddler was thrown several feet into the air by a childcare worker, who failed to catch him before he struck the hardwood floor. The lawsuit claims the child sustained a concussion and other injuries that continue to affect him months later.
It also accuses the fitness club of minimizing the seriousness of the incident when communicating with the family and later attempting to conceal what had actually happened. The case has drawn attention not only because of the disturbing allegations involving a young child but also because of questions surrounding daycare supervision, communication with parents, and compliance with California childcare regulations.
Lawsuit Alleges Childcare Worker Tossed Toddler Into the Air Before Fatal Fall Was Narrowly Avoided
Matthew and Elena Kittle filed the lawsuit on July 2 against The Bay Clubs Co. LLC and Bay Club South Bay LLC over an incident that allegedly occurred on March 17, 2025, at The Bay Club El Segundo Clubhouse. The complaint states that their son, identified in court documents only by the initials C.K., was left at the facility’s childcare center while his father used another Bay Club location nearby. According to the lawsuit, Matthew Kittle informed staff that he would be spending the next three hours at the Bay Club Manhattan Country Club, located approximately one mile away from the El Segundo Clubhouse.
The lawsuit alleges that at approximately 9:20 a.m., while C.K. was under the care of employees, a female childcare worker began playing with the toddler by holding his hands and swinging him between her legs. The complaint claims the employee then threw the child high into the air, releasing his hands during the motion. Rather than catching him safely, the employee allegedly failed to regain control of the child, causing him to fall directly onto the hardwood floor. The lawsuit further alleges that the employee herself fell backward immediately afterward and landed on top of the toddler.
According to the complaint, surveillance footage preserved by the facility captured the entire incident. The lawsuit states that the video shows the employee launching the child well above her head before losing control. The footage allegedly also shows nearby staff members reacting immediately with visible shock and concern as they witnessed the fall. Following the incident, the employee reportedly remained on the floor while holding the injured child.
The family argues that the injuries sustained were the direct result of reckless conduct by the childcare employee. Their lawsuit includes claims of negligence, negligence per se, negligent hiring, negligent retention and supervision, negligent infliction of emotional distress, intentional concealment, intentional infliction of emotional distress, fraud, and battery. Through these claims, the parents allege that the incident was entirely preventable and occurred because the daycare failed to properly supervise, train, and oversee its employees responsible for caring for young children.
A family filed a lawsuit against Bay Club El Segundo after surveillance video allegedly showed an employee throwing and dropping their 23-month-old son. The suit claims the child suffered a traumatic brain injury, concussion, facial injuries, and permanent hearing loss.#lawsuit…
— Tomson (@TomsonWoo) July 9, 2026
The Bay Club has not publicly commented on the specific allegations because litigation remains ongoing. However, the company released a statement emphasizing that the safety of members, employees, and families remains its highest priority while declining to discuss details of the pending legal proceedings.
Parents Claim The Bay Club Downplayed the Incident Before Video Revealed the Full Extent of the Fall
One of the central allegations in the lawsuit is that The Bay Club failed to accurately explain what happened immediately after the incident. According to court filings, Matthew Kittle first received a phone call around 9:30 a.m. informing him only that his son had “fallen” but had since calmed down. Believing the situation was relatively minor based on that description, he informed staff that he would collect his son after completing his session.
Fifteen minutes later, however, the childcare facility contacted him again. During the second phone call, staff reportedly advised that C.K. should be picked up sooner because they had been unable to calm him down following the fall. Matthew Kittle returned to the daycare and arrived around 10:10 a.m., where he allegedly found his son with significant visible injuries. According to the lawsuit, the toddler’s face was heavily bruised, one eye had swollen shut, and his mouth was noticeably swollen.
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After taking C.K. home, his parents became increasingly alarmed by his condition. The lawsuit states that the toddler appeared extremely drowsy, lethargic, and unusually irritable, symptoms they believed required immediate medical attention. Before heading to the hospital, Elena Kittle reportedly spoke with a Bay Club employee identified as the aquatics director.
According to the complaint, the employee described the incident quite differently from what the surveillance video would later show. She allegedly stated that the childcare worker had simply been holding C.K. while squatting and had accidentally fallen over, causing the child to fall only about 1.5 feet to the ground. She also reportedly acknowledged that C.K. immediately wanted to sleep after the accident and that employees had struggled to keep him awake.
Those statements became significant because excessive sleepiness following a head injury can be a warning sign of a concussion or more serious brain trauma. The parents subsequently brought C.K. to an emergency medical center in Torrance, where physicians evaluated his injuries. According to the lawsuit, doctors questioned whether the explanation provided by The Bay Club accurately reflected what had happened because the severity of the injuries appeared inconsistent with a fall of only 1.5 feet.
Medical personnel conducted a CT scan and neurological examination before diagnosing the child with a concussion, blunt head trauma, and facial abrasions. The lawsuit argues that the medical findings further supported concerns that the incident had been far more severe than initially described by childcare staff. Later that same afternoon, Elena Kittle reportedly spoke with The Bay Club’s general manager. According to the complaint, the manager said she had personally reviewed surveillance footage but nevertheless repeated the claim that the child had fallen only about 1.5 feet.
The parents requested access to the surveillance recording and eventually received a copy on March 21, four days after the incident. According to the lawsuit, they were shocked when they viewed the footage because it allegedly contradicted every description they had previously received from the club. Rather than depicting a short accidental fall, the complaint claims the video clearly shows the childcare worker throwing the toddler approximately six feet into the air before failing to catch him.
The lawsuit alleges that this discrepancy forms the basis for fraud and intentional concealment claims against The Bay Club, arguing that company representatives knowingly minimized the seriousness of the incident while communicating with the family during the critical hours following the injury.
Family Says Toddler Continues Experiencing Symptoms as Lawsuit Raises Licensing Questions
According to the complaint, the consequences of the alleged incident extended well beyond the day of the accident. In the weeks that followed, C.K. reportedly continued experiencing symptoms commonly associated with concussion recovery. The lawsuit states that he developed sensitivity to bright light and loud sounds, increased irritability, disrupted sleep patterns, lethargy, and behavioral changes that affected his attachment to family members.
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The complaint further states that C.K. was evaluated by a neurology specialist in April 2025. The specialist reportedly concluded that the toddler continued to experience ongoing concussion symptoms weeks after the incident. According to the lawsuit, the physician determined that C.K. had suffered a definite concussion caused by a significant impact force and noted continuing pain and behavioral changes consistent with traumatic brain injury.
The family also alleges that the child continues to experience long-term complications, including hearing loss. These continuing medical concerns form part of the damages sought in the lawsuit, which requests compensation for medical expenses, pain and suffering, emotional distress, punitive damages, statutory penalties, and other relief. The parents have also demanded a jury trial.
Beyond the injury itself, the lawsuit raises questions about whether the childcare facility was operating within California’s licensing requirements. Under California law, childcare centers generally must obtain licenses through the Department of Social Services unless they qualify for specific exemptions. One exemption may apply when parents remain on the same premises while children are receiving care.
However, the lawsuit argues that The Bay Club El Segundo Clubhouse should not qualify for that exemption because parents may leave children at the childcare center while visiting another Bay Club location located approximately one mile away. The complaint contends that this practice means parents are not necessarily present at the same facility while their children remain under the supervision of childcare employees. The Bay Club’s website, however, states that a parent or guardian must remain on-site during a childcare reservation. Whether the facility complied with applicable licensing regulations could become another issue examined as the litigation proceeds.
The Bay Club operates numerous private fitness, sports, and country clubs throughout California, Oregon, and Washington. Its El Segundo location includes a 14,000-square-foot childcare center designed to supervise children while parents use club facilities. The lawsuit now places the company’s childcare practices under intense legal scrutiny, with the family alleging that inadequate supervision, employee conduct, and misleading communication contributed to a life-altering injury suffered by their young son.
As the case moves through the California court system, the litigation is expected to focus on the surveillance video, medical evidence documenting C.K.’s injuries, the statements made by Bay Club employees immediately after the incident, and whether the facility met its legal obligations regarding childcare operations and safety. No findings of liability have yet been made, and the allegations outlined in the complaint remain claims that will ultimately be evaluated through the legal process.