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.
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Question: contractor's work is accepted and end day it is accepted and that, while one "who assumes control over a dangerous condition left by a contractor may be liable," it "does not necessarily mean that he who creates the danger should escape liability"). Third, the defect in Preston the design and construction of the pool was "a patent one as a matter of law." 227 Cal.Rptr. 817, 720 P.2d at 485. Moreover, other jurisdictions have faced more factually analogous circumstances and have rejected arguments similar to Occidental's. These cases have imposed liability on former plant owners whose negligent design work resulted in an injury to a third-party after the sale of the plant to a new owner. See Stone v. United Eng'g, a Div. of Wean, Inc., 197 W.Va. 347, 475 S.E.2d 439, 443-44 (1996) (<HOLDING>); Dorman v. Swift & Co., 162 Ariz. 228, 782
Holding statements: (A) recognizing the general rule that a property owner is not liable for the negligence of an independent contractor (B) holding that the current property owner may not assert a public nuisance claim against the former owner (C) holding that section 150002 was satisfied with respect to hotel owners claims against former owners architect for negligent design of foundation and drainage (D) holding former plant owner liable for its negligent design of conveyor belt (E) holding that in the context of construction litigation regarding the alleged negligence of design professionals a tort action for negligent misrepresentation alleging damages based purely on economic loss is not available to a party in privity of contract with a design professional

Answer: recognizing the general rule that a property owner is not liable for the negligence of an independent contractor

Question: Dr. Proctor testified about the 2014 Report's conclusion that filtered cigarettes increased the risk of adenocarci-noma (a type of lung cancer) by causing smokers to inhale more deeply, and by ventilating in a way'that "increases certain poisonous compounds." On appeal, Defendants argue that Plaintiff should not have been permitted to use the 2014 Report to bolster the testimony of her expert witness. On this point, we also agree with Defendants. It is well established that "experts cannot bolster or corroborate their opinions with the opinions of other experts who do not testify," as -"[s]ueh testimony improperly permits one expert to become a conduit for the opinion of another expert who is not subject to cross-examination." Schwarz v. State, 695 So.2d 452, 455 (Fla. 4th DCA 1997) (<HOLDING>); accord Tolbert v. State, 114 So.3d 291, 294
Holding statements: (A) holding that survey evidence offered to show actual confusion was properly excludable under rule 403 when it was so flawed that its probative value was outweighed by the risk of prejudice or confusion (B) holding that any probative value of bolstered testimony is substantially outweighed by the danger of unfair prejudice confusion of issues or misleading the jury quoting 90403 fla stat (C) holding that the probative value of contested evidence far outweighed any danger of unfair prejudice where any potential unfair prejudice was cured by a limiting jury instruction (D) holding in a criminal context that the probative value of evidence of other crimes is not substantially outweighed by danger of unfair prejudice where the court will give a limiting jury charge (E) holding that witness testimony about prior drug purchases from defendant was highly probative of brookins guilt and was not outweighed by any danger of undue prejudice

Answer: holding that survey evidence offered to show actual confusion was properly excludable under rule 403 when it was so flawed that its probative value was outweighed by the risk of prejudice or confusion

Question: favor." Cabaccang, 332 F.3d at 635 (quotation marks omitted). After considering the text, structure, history and purpose of the statute, we are left with "a grievous ambiguity or uncertainty in the statute." Barber, 130 S.Ct. at 2508-09(inter-nal quotation marks omitted). The ambiguity in the statute is particularly highlighted when contrasting the two separate interpretations offered by the government and the dissent. The dissent claims that supervised released never commenced so there is nothing to stay while the government claims the stay kicks in upon certification but is somehow lifted once commitment is ordered. Both of these approaches cannot be correct nor can they be squared with our interpretation which endeavors to reconcile all three of the relevant statutes. See id. (<HOLDING>) (internal quotation marks and citation
Holding statements: (A) holding that the rule of lenity applies only if the provision being construed is still ambiguous after the application of normal rules of construction (B) recognizing that the rule of lenity only applies if after considering text structure history and purpose there remains a grievous ambiguity or uncertainty in the statute such that the court must simply guess as to what congress intended (C) holding that the rule of lenity applies to sentencing guidelines (D) recognizing that the rule of lenity applies only after courts exhaust all other evidence of congressional meaning (E) holding that the rule of lenity ensures fair warning by so resolving ambiguity in a criminal statute as to apply it only to conduct clearly covered

Answer:
holding that the rule of lenity applies only if the provision being construed is still ambiguous after the application of normal rules of construction