The parents of a 23-month-old boy have filed a lawsuit against The Bay Club in El Segundo, California, claiming their son suffered a traumatic brain injury after a daycare worker threw him into the air and dropped him.
Matthew and Elena Kittle filed the complaint on July 2, 2026, against The Bay Clubs Co. LLC and Bay Club South Bay LLC.
The lawsuit alleges negligence, fraud through intentional concealment, and operating without a legal childcare license.
Security camera footage obtained by the family's legal team shows an employee swinging the toddler by his arms before hoisting him roughly 6 feet into the air.
The worker failed to catch him and fell directly on top of him on a hardwood floor.
The incident occurred on March 17, 2025.
The lawsuit claims the fitness club intentionally downplayed the incident to the parents, initially stating the child sustained a minor fall from a height of only 1.5 feet while an employee was squatting.
An internal incident report from the facility reiterated this narrative, claiming the worker lost her footing but caught the boy to prevent him from hitting the ground.
Attorney Criticizes Lack of Transparency
Plaintiff's attorney Ryan Saba of Rosen Saba criticized the fitness club's lack of transparency and legal accountability.
"The deception by the Bay Club of hiding this horrific incident from the parents is inexcusable," Saba said.
Saba emphasized that the childcare center failed to provide the necessary level of care and urgent, transparent communication required for a serious medical emergency.
Medical examinations later that morning at a Torrance hospital revealed the boy suffered a concussion, blunt head trauma, and facial abrasions.
Physicians noted these injuries were inconsistent with a low-altitude fall.
The complaint notes that the toddler continues to experience persistent neurological symptoms alongside severe hearing loss.
Representatives from the upscale fitness chain declined to provide specific details regarding the case, citing company policies on active legal proceedings.
"At the Bay Club, the safety of our members, team members, and the families we serve is our highest priority," said a spokesperson for The Bay Club in an official statement.
