Denver DIA class action to proceed

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Article Launched: 05/19/2006 01:00:00 AM MDT

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DIA class action to proceed

By Pankratz

Denver Post Staff Writer

http://www.denverpost.com/ci_3839415?source=rss

February 2005 image of DIA, against the Colorado Rockies. (Post /

Glenn Asakawa)

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 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 Pankratz can be reached at 303-820-1939 or

hpankratz@....