SMITH, Judge.
The Windhams appeal from an order of the circuit court dismissing with prejudice their second amended complaint for personal injuries and other damages. In their complaint, the Windhams attempted to state a cause of action based upon the negligence of the Department of Transportation, or its contractor (not a party to this appeal), or both, in improperly disposing of a toxic substance which ultimately contaminated the water well located on the Windhams...
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