WHITESIDE, P.J.
Plaintiff, Howard L. Walls, appeals from a judgment of the Court of Claims dismissing his complaint and raises a single, three-part assignment of error, as follows:
"The lower court erred as a matter of law and denied Appellant fundamental due process of law in granting Appellee's motion to dismiss prior to the trial in this matter in the following respects:
"1. By not finding a duty owed to the Appellant by the State of Ohio under...
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