Customers said the Firefly restaurant on Paradise Road got them sick, and now they're preparing to fight it with a lawsuit.
A Las Vegas husband and wife are among at least five people now suing the popular eatery after dozens of people contracted salmonella.
FOX5 obtained a draft copy of the lawsuit, which describes how the couple suffered and was hospitalized following the poisoning.
"If you're a business that serves food and sells it, and you make people sick, you're legally responsible, period. You really have no defense," said Bruce Clark, an attorney with Seattle-based Marler Clark, which is representing the plaintiffs.
The Firefly has been closed for nearly a week as investigators continue to probe a salmonella outbreak that has made at least 89 people sick.
Marler Clark plans to file a nine-page lawsuit on behalf of the couple in Clark County District Court on Friday morning.
That couple claims to have eaten at the restaurant last Tuesday. A lab confirmed one of those victims tested positive for salmonella.
Chef Andy Nash with Le Cordon Bleu College of Culinary Arts said the first thing students there are taught is safety and sanitation.
"It's your responsibility. Your customers are your main responsibility, and making sure they go home safe is first and foremost," he said.
Several Firefly customers ended up in emergency rooms. The draft lawsuit claims "… the defective food was unreasonably dangerous and unsafe because it contained a potentially lethal foodborne pathogen."
"Obviously, it's bad for business. We're not out to hurt a business, but our clients have also incurred significant medical bills, they're missing work, and they're obviously suffering with an acute illness," Clark said.
Firefly owner John Simmons on Thursday said his top priority is working with the Southern Nevada Health District to get his restaurant back up and running.
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