DELAWARE COUNTY, OH (WCMH) – The numbers of those claiming to be sick after eating at a Chipotle in Powell is growing, and the first lawsuit has been filed by a customer at this location. 

Ron Simon with the National Food Safety law firm of Ron Simon & Associates, has field the first lawsuit in the possible food poisoning outbreak linked to this Chipotle on Sawmill Parkway in Powell.

READ MORE: Health department receives hundreds of calls about Powell Chipotle

“At some point Chipotle has got to stop doing this or someone’s going to get killed,” said Simon.

“Our phone is ringing off the hook. We had six prior outbreaks with Chipotle. I’ve handled hundreds of cases against this company,” said Simon.

He said taking on these cases can be complicated. The first step is the health department finding out the source of the illness and what’s the illness.

The Delaware General Health District has passed out stool sample kits and says it has interviewed more than 200 people. 

“They take it to a lab, and they look at it and find out what bacteria is in your system,” said Simon.

Once the results come back, Simon said his office looks at proof of purchase and the results then they move forward getting monetary damages for his clients.

Chipotle Mexican Grill sent NBC4 a response to the lawsuit.

“We have been working with local officials to investigate and will continue to do so. we want to talk to customers who believe they were affected by this incident and ask them to contact us,”  said Laurie Schalow, Chief Communications Officer.