Lawsuit filed against an Ohio Chipotle for illness outbreak

The Delaware General Health District is investigating a food-borne illness outbreak linked to a Chipotle in Powell, Ohio.

The national food safety law firm of Ron Simon & Associates, along with co-counsel DiCello, Levitt, and Casey LLC, has filed the first lawsuit in the case against the Chipotle located at 9733 Sawmill Parkway.

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In a press release sent by Ron Simon & Associates, the lawsuit was filed in Delaware County on behalf of Philip Szyller, currently undergoing medical treatment after becoming ill from consumption of chicken tacos at the location on July 29. The release states Szyller has since experienced fever, diarrhea, nausea, headaches, fatigue, and hot and cold flashes.

“The stomach pain feels awful, and the diarrhea and hot and cold flashes come and go in waves,” Szyller said. “This has caused me to miss work and it’s not getting any better.”

Szyller is seeking $25,000 in damages.

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According to the complaint filed, the investigation coincides with the closure of the location on July 30.

A Tweet sent by the health district indicates the restaurant will reopen.

In initial findings, the DGHD identified several employees who called in sick on July 29 and 30.

The food pathogen has not been found, the complaint reads.

“My firm represents numerous victims of this outbreak, and we have prosecuted hundreds of cases in the past against Chipotle,” said Simon in a released statement. “Unfortunately, this is the seventh outbreak caused by Chipotle in recent years. Through this lawsuit and many others to come, we will find out where Chipotle failed to protect its customers and make sure that they do not do so again.”

Simon and his law firm established a Chipotle Claims Center to assist victims in the outbreak. The center can be reached at 1-888-335-4901 or online at

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