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.

Example 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
Example Output: (A)

Example Input: determination under the reasonableness test as clearly erroneous, we perceive no error. JUDGMENT AFFIRMED; COSTS TO BE PAID BY APPELLANT. 1 . Appellees’ original complaint was filed before the bylaw amendment was passed. 2 . The lobby, which per Paragraph 7(c) of the Ridgely Declaration is explicitly characterized as a common element, was refurbished in 1990 out of common funds consisting of contributions from each unit owner. To deny the use of the lobby to clients of the commercial owners constitutes an ultra vires taking of a portion of their percentage interest in the common areas in derogation of the Ridgely Condominium declaration as well as certain provisions of the Maryland Condominium Act. Paragraph 8 of the Ridgely Declaration, in pertinent part, provid 495, 500 (1991) (<HOLDING>). See also Jarvis v. Stage Neck Owners Ass'n, 
 Holding statements: (A) holding that the defendants presence in a dark alleyway at six oclock in the morning behind a closed business in an exclusively commercial area supported the investigative stop and explaining that knowledge of recent burglaries in an area is a relevant circumstance to be considered in determining the reasonableness of an officers suspicion because knowledge of the character of the area is part of an officers expertise (B) recognizing that unit owners own the common elements in fee as tenants in common (C) holding that the requirement of explicitly and prominently was intended by the legislature to ensure that the declaration give unequivocal notice to the project unit owners of the authorization for such use (D) holding that the grant of exclusive use to one unit owner of a common area is sufficient to change the relative interest of the unit owners in that common area (E) holding that the statute in question served to modify prior common law and that the legislature was empowered to make such changes in the common law based on the public interest
Example Output: (D)

Example Input: Mac Pherson expressly argued to the state trial court, and subsequently to the Appellate Division, that the Order for Service by Publication was predicated on a misrepresentation of material fact, that sustaining jurisdiction over him based on publication would be a denial of his constitutional right to due process, that procedural due process requires notice reasonably calculated to apprise interested parties of the pendency of an action affecting a person’s property interest, and that the state court should have ordered a hearing to determine whether service by other means was available before ordering service by publication. Accordingly, res judicata applies to preclude Mac Pherson from asserting in federal court the claims he has raised in this action. See Brooks, 84 F.3d at 1463 (<HOLDING>). We have considered all of Mac Pherson’s 
 Holding statements: (A) holding that claims to the vsf benefits under various theories were barred by the res judicata effect of the state court judgment in castellano iii (B) holding that the plaintiffs due process claims were completely barred by res judicata because the underlying factual predicate for each of these claims  is substantially identical to the allegations presented in state court (C) holding that when claims regarding the employment relationship arise after the plaintiffs first case is initiated the second case is not barred by res judicata (D) holding second action barred by res judicata because plaintiff asserted identical claims and jurisdictional grounds as the first action (E) holding that the plaintiffs claims were barred by res judicata when the federal courts judgment was finalized by denial of his petition for certiorari
Example Output:
(B)