Read the following excerpt from a US court opinion:
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it is impossible to know whether the jury’s “Yes” answer to Question 3 is a finding that the Association made a negligent misrepresentation on which the Feldmans or the Trustee — or both — justifiably relied. See In re United Scaffolding, 377 S.W.3d 685, 689-90 & n. 3 (Tex.2012) (observing that the use of and/or in legal documents “inherently leads to ambiguity and confusion”). Because the jury’s ambiguous answers are not findings of liability to each plaintiff, they cannot support a judgment. See W & F Transp., 208 S.W.3d at 47 (reversing trial court’s judgment and rendering take-nothing judgment for two defendants because verdict did not establish individual liability of either defendant); J & C Drilling Co. v. Salaiz, 866 S.W.2d 632, 640-41 (Tex.App.-San Antonio 1993, no writ.) . The remainder of the jury charge does not
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What is the most suitable continuation to the opinion? Your options are:
A. holding that counsels ambiguous statement during argument on summary judgment motion did not constitute waiver
B. holding exclusion was not ambiguous
C. holding that another courts decision is a proper subject of judicial notice
D. holding proper basis for award of fees
E. holding ambiguous finding that one or another defendant was liable did not provide a proper basis for judgment
Reply with [A, B, C, D, E] only.