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.

[EX 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
[EX A]: holding that trial court erred by instructing jury regarding sudden emergency

[EX Q]: Commission, and appellants, yet the County Commissioners did not require any of them to face cross-examination before submitting those documents. Appellants maintain that all of this documentary evidence should have been placed before the County Commissioners by sworn witnesses who faced cross-examination, and, therefore, it should not have been considered by them. We disagree. “A zoning board, along with other administrative agencies, is generally not bound by the technical rules of evidence although it must observe fundamental fairness in dealing with the parties who appear before it.” Ginn v. Farley, 43 Md.App. 229, 236, 403 A.2d 858, cert. denied, sub nom. Engel v. Farley, 286 Md. 747 (1979). See also Entzian v. Prince George’s County, 32 Md.App. 256, 262, 360 A.2d 6 (1976) (<HOLDING>). The documents properly could be considered by 
 Holding statements: (A) recognizing that commission is not bound by statutory or common law rules of evidence (B) holding that because no clear implication could be derived from the language of the statute that the state should be bound by the local zoning ordinances the state was not bound (C) holding that agency is bound by its regulations (D) recognizing that administrative agencies are not bound by rules of evidence (E) recognizing that zoning agency bodies   are not bound by strict rules of evidence
[EX A]: recognizing that commission is not bound by statutory or common law rules of evidence

[EX Q]: documents. Implying such a waiver could tend to inhibit agencies from making any disclosures other than those explicitly required by law because voluntary release of documents exempt from disclosure requirements would expose other documents in the litigation to risk of disclosure. An agency would have an incentive to refuse to release all exempt documents if it wished to retain an exemption for any documents. Although the language of subsection (b) explicitly exempts documents in the covered categories from FOIA disclosure requirements, readily finding waiver of confidentiality for exempt documents would tend to thwart the underlying statutory purpose, which is to implement a policy of broad disclosure of government records. Cf. Chrysler Corp., 441 U.S. at 290-94, 99 S.Ct. at 1711-14 (<HOLDING>). In addition, the policy underlying FOIA 
 Holding statements: (A) holding that ajny asserted right by third parties to prohibit disclosure must have a basis independent of the foia (B) holding that the only relevant public interest in disclosure is the extent to which disclosure would serve the core purpose of the foia which is contributing significantly to public understanding of the operations or activities of the government  (C) holding that foia exemptions are not mandatory bars to disclosure because the purpose of foia is to provide broad disclosure of government documents (D) holding that the government must provide the party seeking disclosure with a detailed index describing the documents the government claims are exempt from disclosure under foia (E) holding that unauthorized disclosure of documents does not constitute a waiver of the applicable foia exemption
[EX A]:
holding that ajny asserted right by third parties to prohibit disclosure must have a basis independent of the foia