Kyle Was Eating Clam Chowder Soup in a Restaurant When

Multiple Choice

Kyle was eating clam chowder soup in a restaurant when a very small piece of bone lodged in his throat.Fortunately,he was able to remove the bone with his fingers.However,he was upset by the incident and sued the restaurant for negligence.What is the most likely result in this case?

A) Kyle will not collect any damages since he did not sustain any damages.
B) Kyle will collect damages because the restaurant committed negligence per se.
C) Kyle will collect damages if he proves it was possible to prevent tiny fish bones from being present in clam chowder.
D) Kyle will collect damages,as res ipsa loquitur applies.