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John Tucker, of West Richland, Wash., is one of 49 workers suing the Army
over the incident.
"I am absolutely thrilled that a federal judge looked at the evidence and
found in our favor," he said.
The workers claim the Army did not protect them.
In October workers testified that dozens of workers inside the half-finished
incinerator building began gasping for breath, vomiting and coughing, and
raced for the open doorway.
Some had to be dragged or carried out. They said they went to the first aid
station but for two hours did not receive any medical attention despite repeated
demands to be taken to the hospital.
In an 11-page ruling, Hubel determined the Army was negligent in assessing
the situation on Sept. 15 and determining its cause.
The 14-day trial last fall was to determine whether the Army was negligent.
In the next phase Hubel must determine whether there was a release of chemical
agent, and if there was, whether it was responsible for the plaintiff's injuries.
If Hubel decides the workers were affected by chemical agent, he'll also
determine damages.
"This opens the doors in Washington, D.C., to allow (the Army) to put in
safeguards that should have been put in place years ago at Umatilla and the
other depot sites," Tucker said.
Mary Binder, the Army's spokeswoman at the Umatilla Chemical Depot, said
because of the ongoing litigation, she could not comment on the judge's ruling.
The date for the second phase of the trial has not been set.