A Powell man has become the second person to sue the Chipotle on Sawmill Parkway in Powell, alleging that food he consumed from the restaurant made him ill, after filing a lawsuit in Delaware County Common Pleas Court Monday.
The lawsuit was filed Monday morning by Mentor, Ohio, attorney Mark A. DiCello and Houston, Texas, attorney Ron Simon, on behalf of Powell resident Clayton Jones. The lawsuit alleges that on July 27, Clayton ordered a burrito bowl with chick, fajita vegetables, pico de gallo, rice, sour cream and lettuce from Chipotle on Sawmill Parkway.
“Unfortunately, by the morning of July 28, [Jones] began experiencing diarrhea, vomiting, severe abdominal pain, dizziness, nausea and headaches,” The complaint states.
The complaint says Jones went to the hospital after his symptoms worsened and said he is currently recuperating after receiving medical attention.
“[Jones’] injuries and damages were the result of misconduct of [Chipotle] that manifested a flagrant disregard of the safety of persons who might be harmed by the product in question,” the complaint states.
The complaint states that Jones has suffered damages in excess of $50,000 and demands that Chipotle pay damages in excess of $25,000.
There had been no more filings in the case Monday. Delaware County Common Pleas Judge David M. Gormley will preside over the case.
A similar lawsuit was filed last weekend by DiCello and Simon on behalf of Delaware resident Filip Szyller. That lawsuit similarly alleges that Chipotle’s food made Szyller ill and demands that Chipotle pay damages in excess of $25,000.
The lawsuits coincide with an ongoing Delaware General Health District investigation into the Sawmill Parkway Chipotle after the health district reports that 624 individuals have reported that they experienced gastrointestinal symptoms after eating food at Chipotle.
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 on Aug. 1 that a food inspection team inspected the restaurant on July 31 and the team reportedly found no reason for the facility to not reopen. The health district reported that there have been no reported illnesses since the restaurant reopened on July 31.
Glenn Battishill can be reached at 740-413-0903 or on Twitter @BattishillDG.