A California fitness club’s childcare center is facing a lawsuit after parents accused the facility of misleading them about how their 23-month-old son suffered a traumatic brain injury while in its care.
The lawsuit alleges surveillance footage contradicted the daycare’s description of the incident and showed an employee tossing the toddler into the air before he fell onto a hardwood floor.
The incident occurred March 17, 2025, at the Bay Club Clubhouse in El Segundo, a childcare facility operated by the Bay Club fitness club.
According to the lawsuit filed by Matthew and Elena Kittle, their son, identified as C.K., was dropped off at the facility while his father attended activities at another Bay Club location nearby.
The lawsuit claims that the footage showed the employee engaging with the child in a manner that ended with him being lifted above her head and falling to the floor after she failed to catch him.
The complaint alleges security footage captured an employee holding the toddler by his arms, swinging him between her legs, and then lifting him over her head before releasing him.
The child fell approximately six feet onto the floor, and the employee fell backward, landing on top of him, the lawsuit states, according to Law & Crime.
The parents allege that Bay Club staff initially described the incident as a minor fall.
The lawsuit claims employees told them the child had fallen from a height of about 1.5 feet while an employee lost her balance, giving the impression that the injury was not serious, according to KTLA.
The complaint alleges the daycare later contacted the parents again and said C.K. needed to be picked up because staff members could not calm him down.
When his father arrived, the lawsuit says he found the child with significant facial bruising, a swollen eye, and a swollen mouth.
The parents took C.K. to an emergency room, where doctors evaluated him for possible blunt force trauma.
According to the lawsuit, medical staff questioned whether the injuries matched the description of a short fall and recommended the parents confirm exactly what happened.
The child was diagnosed with a concussion, blunt head trauma, and facial abrasions, according to court documents, NBC News reported.
The family later obtained surveillance footage of the incident, which they say showed a much different version of events than what they had been told.
The lawsuit accuses the Bay Club of attempting to conceal the circumstances surrounding the injury and alleges the facility’s incident report was inaccurate and misleading.
It also includes allegations of negligence, negligent hiring and supervision, fraud, battery, and emotional distress.
The parents are seeking a jury trial and damages related to their son’s injuries and the handling of the incident.
The complaint also raises questions about whether the childcare operation complied with California licensing requirements.
The lawsuit alleges the Bay Club’s facility may not qualify for an exemption from state childcare licensing rules because parents are not always required to remain at the same location while their children are supervised.
The Bay Club has declined to comment on the allegations because of the pending litigation.
In a statement, the company said the safety of its members, employees, and families remains its highest priority.
The lawsuit states that C.K. continues to experience symptoms connected to his traumatic brain injury, including hearing issues. The case remains pending.
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