California Fitness Club Faces Lawsuit After Childcare Worker Drops Toddler, Causing Brain Injury

Parents of a 23-month-old child have filed a lawsuit against The Bay Club in El Segundo, California, after security video documented a childcare worker throwing their son into the air and failing to catch him, resulting in traumatic brain injury and hearing loss. The incident occurred on March 17 at the facility, which operates as a 14,000-square-foot childcare center for members of the upscale fitness and country club. The lawsuit alleges multiple violations including negligence, fraud, and intentional infliction of emotional distress.

What the Surveillance Video Shows

Security footage from the childcare facility captured the entire incident. The video shows a female employee holding a child by his hands and swinging him between her legs. She then throws the boy over her head, releasing his hands, and fails to catch him as he falls. The child strikes the hardwood floor, and the employee falls backward and appears to land on top of him.

Matthew and Elena Kittle, the child's parents identified in court documents by their son's initials C.K., claim the worker hoisted their child approximately 6 feet into the air before losing control. The couple alleges that The Bay Club misrepresented the severity of the fall when notifying them to pick up their son, falsely stating that an employee had simply fallen while in a squatting position while holding the child, with the child only about 1.5 feet above the ground at the time.

Allegations and Legal Claims

The lawsuit, filed July 2, names both The Bay Clubs Co. LLC and Bay Club South Bay LLC as defendants. Beyond negligence claims, the complaint includes allegations of negligent hiring, retention, and supervision; fraud through intentional concealment; and battery. The parents assert that C.K. suffered a concussion with ongoing side effects from the fall and continues to experience complications from the incident.

The Bay Club operates multiple private fitness and country club locations across the West Coast, including facilities in Oregon, Washington, and California. When reached for comment, the company stated that "the safety of our members, team members, and the families we serve is our highest priority" but declined to address the specific allegations, citing ongoing litigation.