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.

Q: individual has breached a duty of reasonable care. Bolick v. Sunbird Airlines, Inc., 96 N.C. App. 443, 386 S.E.2d 76 (1989), aff'd, 327 N.C. 464, 396 S.E.2d 323 (1990). Sudden emergency does not change or reduce the standard of reasonable care. It is simply one of the factors to be considered in determining whether a person acted reasonably under the circumstances. Id. The sudden emergency doctrine permits the court to call to the attention of the jury that an emergency faced by the actor may influence its determination of whether specific conduct was reasonable under the circumstances. The doctrine of sudden emergency is not a legal defense which operates to bar an action. Id. But cf. Hinson v. Brown, 80 N.C. App. 661, 343 S.E.2d 284, rev. denied, 318 N.C. 282, 348 S.E.2d 138 (1986) (<HOLDING>). External forces that have been found to 
 Holding statements: (A) holding that trial court erred by instructing jury regarding sudden emergency (B) holding that sudden emergency is an affirmative defense which must be specifically plead (C) recognizing that mitigation of damages is an affirmative defense a party must plead and prove (D) holding that a claim of exemption is an affirmative defense which must be specifically pleaded (E) holding that to avoid an affirmative defense  a plaintiff must plead specifically matters of affirmative avoidance pursuant to rule 5508

A: holding that trial court erred by instructing jury regarding sudden emergency
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Q: the direction that McDowell testified the assailant fled. Other evidence also confirmed that Hayward’s blood was found in the victim’s pockets and on the car. The discrepancies in McDowell’s testimony did not prove that he failed to observe or could not recall the most important points about which he testified. Hayward is correct that the trial court relied on McDowell’s testimony that Des-tefano said “I don’t have no more” in finding that the murder occurred during a robbery for pecuniary gain. However, that aspect of McDowell’s testimony never wavered. Although McDowell was older, in poor health, and possibly confused about some aspects of the event he witnessed, that does not provide a basis to disqualify him. See, e.g., Belcher v. Johnson, 834 So.2d 422, 422-23 (Fla. 2d DCA 2003) (<HOLDING>). Even insanity of a witness has been found to 
 Holding statements: (A) holding that an elderly woman with dementia is not disqualified as a witness simply for those reasons (B) holding that an order was final for these identical reasons (C) holding that a forensic accountant is an expert witness not a lay witness (D) holding that juror was not automatically disqualified under beckett because of the jurors friendship with a law enforcement officer who was a key witness for the stale (E) holding outofcourt statements relating to reasons for investigation are not admissible where the reasons for the investigation are not at issue

A: holding that an order was final for these identical reasons
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Q: of review and reaching its conclusion, the majority does not address whether the trial court abused its discretion in light of evidence in the record. See Kniatt, 206 S.W.3d at 664 (setting out discretionary standard of review of order denying habe-as corpus). Nor does the majority give weight to the trial court’s statutory right to rely on its own personal recollection of the prior proceedings in making its determination of whether habeas corpus relief should be granted. See Tex.Code Crim. Proc. Ann. art. 11.072 § 6(b). Thus, the majority fails to consider the stipulations and waivers in the record, or any of the documents in the record other than appellant’s and Sanchez’s affidavits, which appellant attached to his application for writ of habeas corpus. Cf. Kniatt, 206 S.W.3d at 664 (<HOLDING>); Phuong Anh Thi Le, 300 S.W.3d at 327 
 Holding statements: (A) holding that appellate court can uphold a trial courts ruling on any ground appearing in the record whether urged in the trial court or not (B) holding court of appeals was to review facts in light most favorable to trial courts ruling even when no witnesses testified and all evidence was submitted in written affidavits (C) holding that appellate court reviewing trial courts habeas corpus ruling must review record evidence in light most favorable to ruling and uphold ruling absent abuse of discretion (D) holding that in reviewing trial courts ruling on habeas corpus petition reviewing court must defer to all of trial courts implied factual findings supported by record (E) holding that in ruling on a summaryjudgment motion record evidence must be viewed in a light most favorable to nonmovant

A:
holding that appellate court can uphold a trial courts ruling on any ground appearing in the record whether urged in the trial court or not
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