A California family has filed a lawsuit against a Los Angeles-area fitness club after surveillance video allegedly captured a childcare worker throwing their 23-month-old son over her head, causing him to fall onto a hardwood floor. The toddler suffered a concussion, traumatic brain injury, and facial abrasions.
Incident Details and Lawsuit Allegations
The incident occurred on March 17, 2025, at the Bay Club, a premium membership-based fitness center in El Segundo, California. The lawsuit, filed in Los Angeles County Superior Court, alleges that the toddler—identified as C.K.—was under the care of a daycare employee at the club's Clubhouse when the worker threw him into the air.
According to the security footage, C.K. walked toward the female worker and reached for her hands. The worker then swung him between her legs before propelling him over her head. The lawsuit states that the worker “released C.K.’s hands while he was above the employee’s head,” launching him approximately six feet above the ground. He landed on the hardwood floor, with the worker falling on top of him.
Injuries and Medical Diagnosis
C.K. was taken to the hospital the same day, where doctors diagnosed him with a concussion, traumatic brain injury, and facial abrasions. More than a year later, the boy continues to experience symptoms, including hearing loss, according to the complaint.
Allegations of Deception
The lawsuit accuses the Bay Club of lying about the incident. The club allegedly told the parents that an employee “fell over while she was in a squatting position” and that the child was “only about 1.5 feet above the ground” when he fell. The security footage contradicts this account, and the lawsuit calls the club's description “a complete lie” and “intentionally false and misleading.”
C.K.'s father, Matthew Kittle, dropped his son off at the Clubhouse at 8:30 a.m. that day before going to the nearby Manhattan Country Club, about 1.6 kilometers away. He planned to pick up his son later that morning.
Licensing and Legal Arguments
While gym daycares in California are typically exempt from childcare licensing rules because parents are required to stay on-site, the lawsuit argues that the Bay Club should have been licensed by the California Department of Social Services. It alleges that parents are allowed to leave the premises to go to the nearby Manhattan Country Club, which would trigger licensing requirements.
In a statement, attorney Ryan Saba said: “The deception by the Bay Club of hiding this horrific incident from the parents is inexcusable. The day care facility should have the highest amount of care for the children, and if a child gets sick or injured, they should notify the parents with transparency and urgency.”
Club's Response
The Bay Club told ABC News in a statement that they are unable to comment due to the ongoing legal battle but emphasized that “the safety of our members, team members, and the families we serve is our highest priority.”
