Kaileb was eating a deep-fried clam fritter at Flo's Crabshack in Rhode Island (it's a real place!), when a very small piece of
clam shell lodged in his throat. Fortunately, he was able to remove the shell with his finger. However, he was understandably upset, and sued the restaurant for negligence. What is the most likely result in Kaileb's case?
Question 16 options:
A)
Kaileb will not collect any damages, since he did not sustain any damages;
B)
Kaileb will collect damages, as res ipsa loquitur applies; or
C)
Kaileb will collect damages if he proves that it was possible to prevent the clam shell from being present in the deep-fried clam fritter;
D)
Kaileb will collect damages, because the restaurant committed negligence per se;
E)
Kaileb will find the winning lottery numbers on the piece of clam shell, once it is dislodged from his throat.
