Delaware man sues Chipotle

By Glenn Battishill -

A Delaware man has filed a lawsuit against the Chipotle on Sawmill Parkway in Powell, alleging that food he consumed from the restaurant made him ill.

The lawsuit was filed Tuesday evening by Mentor, Ohio, attorney Mark A. DiCello and Houston, Texas, attorney Ron Simon, on behalf of Delaware resident Filip Szyller. The lawsuit alleges that on July 29, Szyller ordered three chicken tacos from Chipotle on Sawmill Parkway.

“By the early morning of July 30, 2018, (Szyller) began experiencing diarrhea, severe abdominal pain, nausea, headaches, and hot and cold flashes,” the complaint states.

The complaint reports that Szyller is currently undergoing medical treatment and has missed several days of work.

“As a direct and proximate result of (Chipotle’s) misconduct and negligence and/or the food product’s failure to conform to representations of the (Chipotle), Plaintiff (Szyller) suffered injuries and damages…” the lawsuit alleges.

The lawsuit demands that Chipotle pay damages to Szyller in an amount in excess of $25,000 for Szyller’s pain and suffering, as well as mental anguish, loss of enjoyment of life, medical and pharmaceutical expenses, lost wages and other damages.

There had been no more filings in the case Wednesday. Delaware County Common Pleas Judge David M. Gormley will preside over the case.

The lawsuit coincides with an ongoing Delaware General Health District investigation into the Sawmill Parkway Chipotle after the health district received more than 500 reports related to foodborne illnesses stemming from the location.

The health district reported that staff members have been able to interview over 200 of those inquiries. Both stool samples and food samples have been delivered to the Ohio Department of Health for laboratory testing.

ODH will test for salmonella, shigella, E.coli and norovirus in the stool samples, the district reported. The health district added the food samples will be tested for bacillus cereus or clostridium perfringens, in addition to the four diseases listed above that are tested in stool samples.

The health district reported Wednesday that a food inspection team inspected the restaurant Tuesday afternoon, and the team reportedly found no reason for the facility to not reopen.

The heath district reports another inspection will take place later this week.

By Glenn Battishill

Glenn Battishill can be reached at 740-413-0903 or on Twitter at @BattishillDG.

Glenn Battishill can be reached at 740-413-0903 or on Twitter at @BattishillDG.