Kyle was eating clam chowder in a restaurant when a very small piece of shell became lodged in his throat. Fortunately, he was able to remove the shell 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?

Kyle will not collect damages because he did not sustain any injuries.

Kyle will collect damages because the restaurant committed negligence per se$.$

Kyle will collect damages if he proves it was possible to prevent pieces of shell from being present in clam chowder.

Kyle will collect damages, as res ipsa loquitur applies.