Mick is eating fish chowder one Friday in Cincinnati. He discovers a small piece of soft white bone when he chomps down. Annoyed, he spits the piece out into his fine linen napkin and calls the waiter over and complains vehemently about the negligent preparation of the chowder. Under these facts:
Options:
1) Mick will recover damages under res ipsa loquitur.
2) Mick will not collect any damages because he suffered no recoverable injury
3) Mick will recover only if he can prove that small bits of fish bone in chowder can be prevented and that other local fish houses have taken actions to so prevent.
4) Mick proves beyond a shadow of a doubt that a duty of care was breached.