TASK DEFINITION: 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.
PROBLEM: The defendants, contend that, assuming their conduct was unlawful and negligent as charged in the complaint, it was nevertheless not the proximate cause of the injuries suffered. But a tortfeasor is generally held answerable for the injuries which result in the ordinary course of events from his negligence and it is generally sufficient if his negligent conduct was a substantial factor in bringing about the injuries. The fact that there were also intervening causes which were foreseeable or were normal incidents of the risk created would not relieve the tortfeasor of liability. Ordinarily these questions of proximate and intervening cause are left to the jury for its factual determination. [Ibid, (citations omitted).] See also, J.S. v. R.T.H., 155 N.J. 330, 352, 714 A.2d 924 (1998) (<HOLDING>); Cowan v. Doering, 111 N.J. 451, 465-66, 545 
 Holding statements: (A) holding that prolonged sexual abuse of neighboring adolescent girls by defendants husband with known proclivity for such behavior not a superseding cause of wifes negligent failure to warn victims or take other reasonable steps to prevent harm to them (B) holding that defense may only be raised in context of negligent failure to warn claims (C) holding the wifes testimony that husbands release would cause psychological harm to other family members was insufficient to support commitment courts finding that husband would cause serious bodily harm to another person (D) holding that section 4149 did not apply to the plaintiffs state law claims of breach of duty to protect foster care children from harm and of negligent supervision negligent entrustment and negligent failure to warn (E) holding defendants prior conviction for assault related to sexual abuse of a minor even though it did not require an act of sexual abuse because it required intent to commit sexual abuse  and such a mens rea demonstrate the offense was one relating to sexual abuse

SOLUTION: (A)

PROBLEM: should be drawn from the defendant's failure to call his accomplices to testify. The prosecutor remarked only that Mitchell had the power to subpoena witnesses, and that the defense could do so "if they thought it would contradict something [the State! presented.” In light of defense counsel’s earlier statements that "clearly you have a situation where a misidentification could take place,” and that the jury should be able to see Corprew, Cochran, and Henderson in the courtroom, the prosecutor's remarks did not relate to the substance of those witnesses’ potential testimonies. Had the prosecutor inferred that Corprew, Cochran, and Henderson would have testified unfavorably to the defense, that inference might well have conflicted with Christensen, 274 Md. at 140-41, 333 A.2d at 49 (<HOLDING>). Nevertheless, we conclude that the 
 Holding statements: (A) holding that trial court has discretion to permit defendant to call accused witness to stand and permit witness to invoke fifth amendment privilege in front of jury where entire defense was centered on witness commission of crime (B) holding that sixth amendment only requires that witness be brought to court not that he be required to take witness stand after refusing to testify and observing that it is irrelevant whether the witnesss refusal is grounded in a valid fifth amendment privilege an invalid privilege or something else entirely (C) holding that an adverse inference cannot be drawn from a defendants failure to call a witness if the states evidence establishes that the witness is an accomplice who would be entitled to assert a fifth amendment privilege (D) holding that witness was not an accomplice in distributing marijuana to himself (E) holding that the prosecutors comment regarding the defendants failure to call a potential witness did not shift the burden of proof because it did not implicate the defendants fifth amendment right not to testify

SOLUTION: (C)

PROBLEM: warnings about the dangers of working with those materials; failed to provide El-sey with appropriate safety equipment, such as a breathing apparatus, to prevent the inhalation of carcinogens; and failed to take other appropriate safety precautions. These allegations are directed to an employer’s duty to use ordinary care in providing a safe workplace, not a duty arising from the special knowledge, education, and training of a licensed professional engineer. See Elwood, 197 S.W.3d at 794; see also Exxon Corp. v. Tidwell, 867 S.W.2d 19, 21 (Tex.1993) (“The standard of conduct required of the employer is ordinary care based on general negligence principles.”); Kroger Co. v. Milanes, 474 S.W.3d 321, 335 (Tex.A 2013 WL 6795390, at *5 (Tex.App.-Fort Worth Dec. 19, 2013, no pet.) (mem. op.) (<HOLDING>); with UOP, L.L.C. v. Kozak, No. 
 Holding statements: (A) holding that elevator rider who asserted premisesliability claims against professional engineering firm that provided management services to premises owner was not required to provide certificate of merit because claims as alleged did not clearly arise out of the provision of professional engineering services (B) holding that the prosecutors comment regarding the defendants failure to call a potential witness did not shift the burden of proof because it did not implicate the defendants fifth amendment right not to testify (C) holding that ban on unauthorized practice of law did not implicate the first amendment (D) holding that admission of statement with references to we or they which did not directly implicate defendant did not violate defendants confrontation rights (E) holding that homebuyers claims against professional engineering firm acting as thirdparty inspector did not did not implicate the practice of engineering

SOLUTION:
(E)