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.

Trimble v. Asarco, Inc., 232 F.3d 946, 955 (8th Cir.2000). This decision strongly suggests that, in pertinent circumstances, conversion of a motion to dismiss into a motion for summary judgment is, as Home Products suggests, “automatic.” However, it also suggests that the proper procedure is for the district court expressly to “convert” a motion to dismiss into one for summary judgment. See id. (concluding that the district court had not followed the proper procedure, because it had not converted the motion). However, the decision also suggests that whether or not application of summary judgment standards is appropriate ultimately depends upon whether the parties were provided with adequate opportunity to address the merits of the motion according to summary judgment standards. See id. (<HOLDING>). A slightly earlier decision of the Eighth 
 Holding statements: (A) holding that where parties did not respond to an issue in summary judgment motion parties relinquished any claim on the issue and conceded that summary judgment should be entered against them (B) holding that appellate review under summary judgment standards was appropriate where the district court despite its procedural error provided the parties with a full opportunity to present all pertinent materials outside the pleadings regarding the issue of response costs and the parties created a complete record on the issue (C) holding issue not properly before the appellate court where appellant fails to demonstrate where in the record an issue was raised in the district court (D) recognizing that the specific argument regarding an issue must be made in the trial court to preserve that issue for appellate review (E) holding that an appellate court has discretion to consider an issue not argued by the parties
holding that where parties did not respond to an issue in summary judgment motion parties relinquished any claim on the issue and conceded that summary judgment should be entered against them

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
recognizing cause of action for wrongful death

liability under this rule is the “superior knowledge of an unreasonable risk of harm of which the invitee, in the exercise of ordinary care, does not or should not know.” Jenkins v. Hestand’s Grocery, Inc., 320 Ark. 485, 898 S.W.2d 30, 31 (1995). An exception to this general rule of duty of care is found in Restatement (Second) of Torts § 343A(1) (1965) which states that a “possessor of land is not liable to his invitees for physical harm caused to them by any activity or condition on the land whose danger is known or obvious to them, unless the possessor should anticipate the harm despite such knowledge or obviousness.” Based on section 343A(1), a landowner has no liability to his invitees when the allegedly dangerous condition is open and obvious. See Jenkins, 898 S.W.2d at 31 (<HOLDING>). In this ease, Smith testified that she had 
 Holding statements: (A) recognizing exception (B) recognizing such an exception (C) recognizing the rule and the exception but holding facts did not support claim to exception (D) recognizing the restatements exception to the duty a landowner owes an invitee as articulated in section 343 (E) recognizing the public interest exception

recognizing exception