A class-action lawsuit that alleges travelers and employees at Denver International Airport have been exposed to extensive mold and fungi contamination can proceed to trial, the Colorado Court of Appeals ruled Thursday.
The city of Denver, which operates the airport, had sought dismissal of the lawsuit, claiming that it was protected by the Colorado Governmental Immunity Act.
After Denver District Judge John McMullen refused to dismiss the suit, the city took the case to the Court of Appeals asking that McMullen be overturned.
But Thursday, the appellate court declined to do so, saying that the people who filed the suit – two United Airlines employees – had properly complied with the governmental immunity act and could file a class action on behalf of fellow employees and users of the airport.
The two United employees, Terri Crandall and Joann Hubbard, claimed they had suffered severe health problems because of environmental and health issues at the airport.
In his ruling, McMullen noted that there had been a wide variety of problems at DIA since it had opened in 1995. These included clogged floor drains, sewage problems from backed-up toilets, broken pipes, the formation of mold and the spillage or leakage of various chemicals.
He said most of the problems were quickly addressed by the city. But he added that Crandall and Hubbard, both United customer representatives, had suffered various health problems. Hubbard experienced a variety of upper respiratory problems, dizziness, headaches, nausea and at least one fainting spell. Crandall had pneumonia at least four times and chronic bronchitis and chronic pulmonary disease.
In upholding McMullen and saying the lawsuit could proceed to trial, the Court of Appeals said that although the women didn’t present any testimony from medical experts, their testimony and the medical records supported their claims that the injuries they suffered were related to the environmental problems at DIA.
Staff writer Howard Pankratz can be reached at 303-820-1939 or hpankratz@denverpost.com.
