In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

contractor’s work is accepted and end day it is accepted and that, while one “who assumes control over a dangerous condition left by a contractor may be liable,” it “does not necessarily mean that he who creates the danger should escape liability”). Third, the defect in Preston— the design and construction of the pool— was “a patent one as a matter of law.” 227 Cal.Rptr. 817, 720 P.2d at 485. Moreover, other jurisdictions have faced more factually analogous circumstances and have rejected arguments similar to Occidental’s. These cases have imposed liability on former plant owners whose negligent design work resulted in an injury to a third-party after the sale of the plant to a new owner. See Stone v. United Eng’g, a Div. of Wean, Inc., 197 W.Va. 347, 475 S.E.2d 439, 443-44 (1996) (<HOLDING>); Dorman v. Swift & Co., 162 Ariz. 228, 782 
 Holding statements: (A) recognizing the general rule that a property owner is not liable for the negligence of an independent contractor (B) holding that the current property owner may not assert a public nuisance claim against the former owner (C) holding that section 150002 was satisfied with respect to hotel owners claims against former owners architect for negligent design of foundation and drainage (D) holding former plant owner liable for its negligent design of conveyor belt (E) holding that in the context of construction litigation regarding the alleged negligence of design professionals a tort action for negligent misrepresentation alleging damages based purely on economic loss is not available to a party in privity of contract with a design professional
recognizing the general rule that a property owner is not liable for the negligence of an independent contractor

If a statement does not contain any expressly exculpatory material, the Government need not produce that statement to the defense. To hold otherwise would impose an insuperable burden on the Government to determine what facially non-exculpatory evidence might possibly be favorable to the accused by inferential reasoning. We are confident that the Supreme Court did not intend the Brady holding to sweep so broadly. United States v. Comosona, 848 F.2d 1110, 1115 (10th Cir.1988); see also Harris v. Kuba, 486 F.3d 1010, 1016 (7th Cir.2007) {“Brady does not require that police officers or prosecutors explore multiple potential inferences to discern whether evidence that is not favorable to a defendant could become favorable.”); United States v. Marrero, 904 F.2d 251, 261 (5th Cir.1990) (<HOLDING>). The Court finds that just such inferential 
 Holding statements: (A) holding that the presentation of a new theory does not constitute the presentation of a new issue on which a jury trial should be granted as of right under  rule 38b (B) holding that there is no constitutional duty to do a better investigation and that a decision not to conduct a more thorough investigation does not invade an accuseds rights (C) holding that the burden is on the plaintiff (D) holding that the burden is upon the state under the applicable federal rules of evidence (E) holding that brady does not place any burden upon the government to conduct a defendants investigation or assist in the presentation of the defenses case
holding that the presentation of a new theory does not constitute the presentation of a new issue on which a jury trial should be granted as of right under  rule 38b

P.3d 516 (quoting State v. Reed, 2000 UT 68, ¶18, 8 P.3d 1025). Additionally, the prejudice must be "such that there is a reasonable likelihood the jury would have reached a more favorable result absent the comments." Reed, 2000 UT 68, 1 18, 8 P.3d 1025. Unlike the majority, however, I would hold that Defendant has satisfied his burden in meeting this two-prong test. ¶ 25 First, the prosecutor called the jurors' attention to matters not proper for their consideration. - During closing arguments, the prosecutor relied on information not admitted into evidence and implied both that Defendant had stolen software licenses and that Myers could not have legally consented to Defendant taking the computer because of that software. See generally State v. Kohl, 2000 UT 35, ¶¶ 23-24, 999 P.2d 7 (<HOLDING>). Further, the charge against the Defendant 
 Holding statements: (A) holding that district court had not abused discretion in denying rule 59 motion because no persuasive reason has been shown why this evidence could not have been presented during the trial nor does it appear that it would have altered the result (B) holding that it is inappropriate to make a claim to the jury during closing arguments when no evidence hals been presented during trial to support it (C) holding that to obtain the proper context of a challenged statement made during closing arguments the court must recount in its entirety the portion of the closing argument wherein those statements appear (D) holding that plaintiffs failure to object to the improper comments of defendant during closing arguments resulted in waiver of plaintiffs right to argue the issue on appeal because the trial court was not given an opportunity to rule on the issue (E) holding that this court has discretion to hear arguments presented to it in the first instance provided that it otherwise has jurisdiction over the claim

holding that district court had not abused discretion in denying rule 59 motion because no persuasive reason has been shown why this evidence could not have been presented during the trial nor does it appear that it would have altered the result