instruction:
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.
question:
in the record of any possible medical treatment that Monroe County or the individual defendants could have provided to save the life of the Decedent. Phillips argues in her brief that it is not necessary for her to prove chemotherapy would have saved the Decedent’s life. First, she refers to the fright and anxiety both she and the Decedent suffered because of the delay in chemotherapy. In this regard, Phillips confuses the causation issue. In a survival action, damages for the Decedent’s physical suffering and mental anxiety as a result of the alleged deprivation of medical care would have been appropriate. In a wrongful death context, however, no damages are available until the plaintiff has cleared the causation hurdle. See Wilks v. Am. Tobacco Co., 680 So.2d 839, 842 (Miss.1996) (<HOLDING>). Second, Phillips suggests that she need only 
 Holding statements: (A) recognizing cause of action for wrongful death (B) holding that plaintiffs failure to prove decedents death was caused by the wrongful acts of the defendant precludes any recovery of wrongful death damages under mississippis wrongful death statute (C) holding unconstitutional a state wrongful death statute which denied illegitimate children the right to recover for the wrongful death of their mother (D) holding that a failure to include a beneficiary in a wrongful death action is a defect because the wrongful death act restricts plaintiffs to a single action (E) holding that mississippis wrongful death statute creates an independent cause of action
answer:
recognizing cause of action for wrongful death


question:
that post-1978 refinancing of a debt did not constitute a novation, thus debtor could not avoid liens on equipment it owned prior to the 1978 enactment of the Bankruptcy Code where no new money was advanced, no additional security was encumbered, and varying the term of years and interest rates was done to benefit the debtor); In re Hemingson, 84 B.R. 604 (Bankr.D.Minn.1988) (<HOLDING>); Geist v. Converse County Bank (In re Geist), 
 Holding statements: (A) holding that in georgia pursuant to  9107 of the ucc refinancing of a promissory note transforms the obligation thereby destroying purchase money nature of the security interest therefore the creditor lost its purchase money security interest pmsi in a television set when the loans were consolidated and lien was avoidable id 89 br 264 18 bcd 58 (B) holding that there was no presumption of a gift where the wifes money was used to make the purchase but title was placed in the name of the husband and finding the facts sufficient to establish a purchase money resulting trust in favor of the wife (C) holding that under minnesota law refinancing and consolidation of purchase money loans did not destroy their purchase money character for bankruptcy lien avoidance purposes (D) holding that a purchase money security in jewelry was not lost when the perfected purchase money security interest was consolidated with a subsequent retail installment contract (E) holding section 501 applies to both purchase money and refinancing mortgages
answer:
holding that in georgia pursuant to  9107 of the ucc refinancing of a promissory note transforms the obligation thereby destroying purchase money nature of the security interest therefore the creditor lost its purchase money security interest pmsi in a television set when the loans were consolidated and lien was avoidable id 89 br 264 18 bcd 58


question:
rule never presented for approval by this Court, he argues that filing a complaint should not toll the statute of limitations when a complaint is dismissed without prejudice for failure to prosecute. ¶ 23. The plaintiffs cite Jackpot Mississippi Riverboat, Inc. v. Smith as an example of this Court applying tolling to a case previously dismissed for want of prosecution. Jackpot, 874 So.2d 959, 961 (Miss. 2004). In Jackpot, when examining the dates relevant to a determination of whether the statute of limitations had run on plaintiffs case, this Court stated: Smith and Richardson filed their “first” complaint for malicious prosecution on July 7, 1995, a little more than two months shy of the expiration of the statute of limitations. Norman v. Bucklew, 684 So.2d 1246, 1256 (Miss.1996) (<HOLDING>). On April 7, 2000, Smith and Richardson’s 
 Holding statements: (A) holding the same for malicious prosecution (B) holding that the statute of limitations is tolled during a malicious prosecution suit when a timely complaint is filed (C) holding that tolling of the statute of limitations was not tolled during the pendency of a claim dismissed without prejudice for want of prosecution (D) holding when a motion for postconviction relief is not properly filed  2244s statute of limitations is not statutorily tolled (E) holding that the plain meaning of  2244d2 is that the statute of limitations is tolled during the pendency of any properly filed federal habeas corpus petition
answer:

holding the same for malicious prosecution