The Colorado Court of Appeals is allowing current and former Denver International Airport workers to continue their lawsuit against the city of Denver.
The workers allege the city failed to fix problems at the airport that led to contamination by toxic deicing fluids, raw sewage, mold and noxious fumes that sickened them.
The city had argued it was immune from the litigation because the workers didn't provide proper notice that they planned to sue.
A trial judge agreed that the notice was inadequate, but dismissed some claims of older injuries.
In a ruling today, a three-judge appeals panel agreed with the judge, allowing the workers to continue pursuing their lawsuit only for injuries after February 2nd, 2002, which is 180 days from when the plaintiffs filed notice that they would sue.
Denver City Attorney Cole Finnegan says the city is disappointed by the ruling, but is comfortable with its position and confident it will prevail.
State law requires plaintiffs to file notice within 180 days of discovering an injury.