GREELEY, Colo. — A Greeley man who says he was sickened with E. coli after eating a Quarter Pounder from McDonald's is suing the chain.

Earlier this week, the Centers for Disease Control said an outbreak linked to the fast food chain has sickened at least 49 in at least 10 different states . Colorado appears to be the epicenter of the outbreak with 26 cases reported. One person in Mesa County died.

According to the lawsuit filed Tuesday Eric Stelly ate food from his local restaurant at 2912 W. 10th St. in Greeley on Oct.

4. Two days later on Oct. 6 he began feeling ill and eventually he went to the emergency room for treatment, the lawsuit says.

Tests there showed he tested positive for E. coli bacteria. RELATED: 2011 Listeria outbreak in Cantaloupe helps explain McDonalds E.

coli investigation The results were forwarded to the health department and from there Stelly was questioned about what he had eaten. The lawsuit notes that health investigators confirmed he was part of the outbreak linked to McDonald's which was formally announced by the CDC on Tuesday. The lawsuit accuses McDonald's of negligence and is seeking more than $50,000 for past and future economic losses and court costs.

The Colorado Department of Public Health and Environment said the 26 people who have gotten sick in Colorado live in nine counties: Arapahoe, Chaffee, El Paso, Gunnison, Larimer, Mesa, Routt, Teller, and Weld. They did not necessarily eat at McDonald's locations in the counties where they li.