Detailed Instructions: 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.
Problem:toll the statute of limitations unless the defendants made representations that they knew or should have known would induce the plaintiff to put off bring ing suit and the plaintiff did, in fact, delay-in reliance on the representations. Olsen, 388 Mass. at 176, 445 N.E.2d 609. The "hypoallergenic" label was not intended to dissuade potential plaintiffs from bringing suit against the glove manufacturer, and there is no evidence that the labeling was fraudulent. Thus, estoppel will not toll the statute of limitations in this case. Other Massachusetts courts have found summary judgment to be appropriate in cases where plaintiffs could be charged with notice of their latex allergies outside of the statutory limitations period. See Zamboni v. Aladan Corp., 304 F.Supp.2d 218 (D.Mass.2004)(<HOLDING>); Starer v. Baxter Healthcare Corp., 2003 WL
Holding statements: (A) holding that cause of action for malpractice had accrued before underlying actions dismissal (B) holding that cause of action accrued before formal diagnosis of latex allergy when plaintiff had previously suspected that she might be allergic to latex (C) holding that cause of action against latex glove manufacturers accrued when plaintiff first suspected a latex allergy (D) holding that the payments accrued (E) holding that the cause of action accrued on the date of sale
Solution:
holding that cause of action for malpractice had accrued before underlying actions dismissal