Fitness Club Sued After Employee Allegedly Tossed Toddler In Air, Didn’t Catch Him

Interesting baby, california, childcare, daycare, injury, lawsuit, los angeles admin July 9, 2026 0 Comments

Fitness Club Sued After Employee Allegedly Tossed Toddler In Air, Didn’t Catch Him

Matthew and Elena Kittle filed a lawsuit July 2 against a fitness club in California after a childcare worker allegedly tossed their 23-month-old son six feet in the air and didn’t catch him.

The Kittles’ son, identified by the initials C.K., suffered a traumatic brain injury on March 17, 2025, after a Bay Club emloyee at its El Segundo Clubhouse location in El Segundo tossed him in the air, according to the lawsuit obtained by the Daily Caller. The toddler’s head allegedly struck the hardwood floor after the employee failed to catch him with the worker falling atop him. Matthew dropped C.K. off at 8:35 a.m. at the Clubhouse and informed the workers that he would be at The Bay Club Manhattan Country Club for approximately three hours, according to the lawsuit. The lawsuit was filed against The Bay Clubs Co. LLC and Bay Club South Bay LLC, the latter of which operates both the Clubhouse and the Manhattan Country Club. C.K. was 23 months old at the time.

A security video from the Bay Club appears to show a childcare worker picking up C.K.and throwing him in the air. She swings him between her legs, above her head, lets go of his hands, and he falls over her head, according to the footage. She appears to fall on top of him. The lawsuit said C.K. then began crying hysterically. The incident allegedly happened at 9:20 a.m.

After the incident, the Bay Club called Matthew at 9:30 a.m. after a previous missed call to his wife and said C.K had “fallen” but “calmed down,” according to the lawsuit. The employee allegedly asked whether the Kittles would like to pick up their child but told them she did not think they needed to. The lawsuit argues she downplayed the severity of the incident.

Matthew first said he would consult with his wife before calling back at 9:34 a.m. and being told he was not allowed to speak to the El Segundo Clubhouse staff directly, the lawsuit alleged. He told the Bay Club staff he would pick up C.K. after the allotted time, according to the documents. (RELATED: EXCLUSIVE: California School Sent Kids On Segregated Field Trip for ‘Social Justice’)

The Bay Club called again at 9:45 a.m. and allegedly told Matthew that “they had not been able to settle C.K. down” and he should come pick him up. Matthew went to retreive C.K. at 10:10 a.m. “The right side of C.K’s face was badly bruised. His right eye was swollen shut, and his mouth was swollen. Mr. Kittle left with C.K.,” the lawsuit reads.

After C.K. was brought home, his parents allegedly noticed that he appeared “extremely drowsy, lethargic, and irritable.”

Elena spoke to an employee at 10:44 a.m. who said she was the Aquatics Director at the Bay Club El Segundo, according to the lawsuit. The employee allegedly told said C.K. fell from around “1.5 feet above the ground” and the employee who dropped him was holding him in a squatting position. She also allegedly informed Elena that employees faced issues keeping C.K. awake after he fell.

The Kittles checked their son into a Torrance, California emergency room at 11:36 a.m. where medical staff told them C.K.’s injuries did not appear consistent with a fall from around 1.5 feet up, according to the lawsuit. They allegedly diagnosed C.K. with a concussion, blunt head trauma, and facial abrasion.

When Elena spoke to Bay Club’s General Manager Ann Glaser at 2:22 p.m., the general manager said she had reviewed video of the injury and the fall was from around 1.5 feet, the lawsuit alleged. She allegedly said C.K. had been “dropped on his legs, arm, and then head” from that height.

The Kittles requested the video which they received on May 21, 2025, according to the documents. “When they saw the video, they were shocked by the severity of the fall C.K. experienced, as well as the fact that the Bay Club tried to cover up the true nature of the incident,” the lawsuit alleges. “Having been flung into the air, C.K. was at least 6 feet above the ground when he fell and landed on his head on the wooden floor.”

According to the suit, C.K. currently faces loss of hearing and other symptoms resulting from his injury.

“When a parent entrusts their child to a daycare, they expect the employes [sic] to be properly trained and responsible,” the Kittle’s attorney, Ryan Saba, from Rosen Saba, LLP, told the Daily Caller. “The Bay Club failed on both accounts.”

The Kittle’s attorneys also allege that The Bay Club El Segundo is illegally operating without a daycare license. The State of California creates an exemption for daycares to operate without a license if parents remain on the premises. However, the lawsuit alleges that The Clubhouse since permits parents to go to the Bay Club Manhattan Country Club a mile away.

The lawsuit alleges negligence, negligence per se, negligent hiring, retention and supervision, negligent infliction of emotional distress, intentional infliction of emotional distress, fraud — intentional concealment, and battery.

When reached for comment, The Bay Club media relations agency told the Daily Caller, “We are unable to comment on ongoing litigation. At the Bay Club, the safety of our members, team members, and the families we serve is our highest priority.”