UMATILLA -- Construction workers at the Umatilla Chemical Depot who claim they were exposed to nerve agent have won the first round in their lawsuit against the U.S. Army.

Federal Judge Dennis Hubel ruled Friday that the government was negligent in providing emergency response when dozens of workers became ill at the incinerator construction site on Sept. 15, 1999.

The workers were in the process of building the incinerator plant near Umatilla that will be used to destroy 7.4 million pounds of deadly nerve and mustard agents stored at the depot, 35 miles south of the Tri-Cities.

The news late Friday was exactly what John Tucker of West Richland had been waiting to hear. Tucker is one of 49 construction workers suing the Army for negligence over the incident.

In October, Tucker spent two weeks on the hardwood benches of Hubel's Portland courtroom listening to hours of testimony.

"I am absolutely thrilled that a federal judge looked at the evidence and found in our favor," he said.

Another of the workers, Brian Zasso, said the ruling helped restore his faith in the judicial system. The ruling validates the worker's allegations that the Army did not protect the workers.

"Something did happen to us and it was not handled properly," said Zasso, a steamfitter.

In October, Zasso and Tucker testified that on the morning of Sept. 15, 1999, 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 by others.

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. In addition, the Army failed to take command of the emergency response on that day and to communicate with hospital personnel.

The 14-day trial last fall was to determine whether the Army was negligent in its response to the emergency.

Hubel's ruling opens the door for a second phase of the bench trial.

During the next part, Hubel will determine whether there was a release of the Army's stockpile of chemical weapons at Umatilla, which includes mustard, sarin and VX. And, if a release occurred, whether it was responsible for the plaintiff's injuries.

If Hubel decides the workers were affected by chemical agent, he'll also determine damages.

Tucker said Hubel's ruling Friday was a greater reward for him than any damages that could be earned.

"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," he 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 yet been set.