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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Ex Input:
do not find that MBI has waived this argument on appeal. See Ind. Appellate Rule 49(B). 3 . We also note that MBI did not present any expert testimony, or any other evidence, that would suggest that Orlando's permanent injury to his knee was not caused by the accident. 4 . The prospective juror was struck from the jury pool prior to trial. 5 . MBI also argues that Orlando was only asking for $75,000 in damages. However, Orlando clearly argued that $75,000 was where he thought the jury should begin its discussion for damages, but he did not limit his damages to this amount. Tr. p. 223. 6 . MBI also argues that "[i]f there is no evidence to establish the loss of earning capacity, there can be no recovery on that issue.” Scott v. Nabours, 156 Ind.App. 317, 321, 296 N.E.2d 438, 441 (1973) (<HOLDING>). However, the final jury instructions gave a 
 Holding statements: (A) holding the trial court did not err by withdrawing the issue of loss of earning capacity from the jury when there was no evidence in that regard (B) holding that the trial court did not err in charging the jury that the defendant was in the custody of the victim officer when he shot and killed the officer due to the undisputed evidence presented at trial including the defendants pretrial statement to police admitting that fact (C) holding that the trial court did not err by granting defendants motion for summary judgment (D) holding that the trial court correctly instructed the jury that the defendant had to establish by evidence that outweighed the evidence against him that he lacked the capacity to form specific intent (E) holding that trial court did not err

Ex Output:
(A)


Ex Input:
. The Honorable John A. Jarvey, Chief United States Magistrate Judge for the Northern District of Iowa, to whom this case was referred with the consent of the parties pursuant to 28 U.S.C. § 636(c)(3). 3 . Montandon also alleged Title VII claims against Todd and Ehlers in their personal capacities, as well as constructive discharge and intentional infliction of emotional distress claims. His wife, Tish Walker Montandon, claimed loss of consortium. The district court dismissed these claims. Because they have not been raised on appeal, they are deemed abandoned. See Jasperson v. Purolator Courier Corp., 765 F.2d 736, 740-41 (8th Cir.1985). 4 . It remains to be seen whether our holding in Quick will remain the law. See Oncale v. Sundowner Offshore Servs., Inc., 83 F.3d 118 (5th Cir.1996) (<HOLDING>), cert, granted, - U.S. -, 117 S.Ct. 2430, 138 
 Holding statements: (A) holding that title vii does not address samesex harassment (B) holding that samesex sexual harassment claims are not actionable under title vii (C) holding that title vii does not protect employees from harassment based on sexual orientation (D) holding that samcscx sexual harassment claims are actionable under title vii (E) holding that title vii does not include a continuing violation doctrine

Ex Output:
(A)


Ex Input:
Commonwealth, 437 Mass. 312, 771 N.E.2d 770, 775-76 (2002); see also Brum v. Town of Dartmouth, 428 Mass. 684, 704 N.E.2d 1147, 1155 (1999) (“[T]he principal purpose of § 10(j) is to preclude liability for failure to prevent' or diminish harm, including harm brought about by the wrongful act of a third party.”). Here, Plaintiff has not presented evidence of an affirmative act (as opposed to a failure to act) by the Individual Defendants that originally caused Plaintiff to suffer harassment. See, e.g., Doe v. Old Rochester Reg'l Sch. Dist., 56 F.Supp.2d 114, 121 (D.Mass.1999) (“Even if the School District ignored the Does’ complaints about harassment by other students, "there are no allegations that it ‘originally caused’ the students to harass Jane Doe.”); Brum, 704 N.E.2d at 1155-56 (<HOLDING>). Thus, even if Plaintiff had made presentment, 
 Holding statements: (A) holding that a school had no duty to protect pedestrian from student (B) holding that a prosecutor is absolutely immune from a suit claiming that he destroyed and falsified evidence (C) holding that school officials were immune from suit claiming they failed to protect student from an inschool stabbing (D) holding college school district immune from suit in federal court under eleventh amendment (E) holding state immune from suit involving a federal question

Ex Output:

(C)