Victims seek OK to sue Chi-Chi's

PITTSBURGH (AP) -- Attorneys representing 58 people who say they got hepatitis A from eating tainted green onions at a Chi-Chi's restaurant asked a bankruptcy court judge Friday to lift a stay that has, so far, kept them from suing the restaurant chain.
U.S. Bankruptcy Judge Charles G. Case II isn't expected to rule on the requests until next month, the attorneys said.
One of the plaintiffs, Richard Miller, became ill about two weeks after he ate at a Chi-Chi's restaurant at the Beaver Valley Mall. Miller has since required a liver transplant and two weeks ago sued four food companies that had been identified by Chi-Chi's as possibly involved in supplying the green onions.
Before it knew about the outbreak, Louisville, Ky.-based Chi-Chi's filed for Chapter 11 bankruptcy protection, citing cash flow problems. Corporations under Chapter 11 can't be sued without a judge's approval, so their assets are protected for the repayment of creditors.
Miller's Seattle-based attorneys want the bankruptcy stay lifted so $51 million in liability insurance that Chi-Chi's has can be accessed by those who file suit. The attorneys argue that the lawsuits would primarily target Chi-Chi's insurance, which wouldn't be available to pay other creditors anyway.
Some 650 people have gotten hepatitis A in the outbreak; three died, and all but 10 ate or worked at the restaurant. The others caught the liver-attacking virus secondhand, the Pennsylvania Health Department has said.
Chi-Chi's spokesmen didn't immediately return calls Friday.