WHITESIDE, J.
Plaintiff appeals from a judgment of the Franklin County Court of Common Pleas granting summary judgment in favor of defendant. In support of his appeal, plaintiff raises two assignments of error, as follows:
1. "The trial court erred in sustaining defendant's motion for summary judgment on the grounds that upon review of the depositions, affidavits and other pleadings filed no genuine issue as to any material fact exists as a matter of law....
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