HUNT, J.
¶ 1 Randy Donohoe, personal representative of the estate of his mother, Florence Byrne Donohoe (Estate), appeals the trial court's summary judgment dismissal of his action against the State for negligence, based on Pacific Care Center's deficient care of Mrs. Donohoe while residing at its private nursing home. The Estate argues that the trial court misconstrued its claim as "negligent
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