In these cases I think it is important that any Court is not attempting to assess technical issues for which they are not qualified.
You're absolutely right.
However, we've already come quite close in the UK to a situation where a controller (and the employer) could have found themselves in Court facing a claim for damages.
This arose when a controller mistakenly transposed the radar 'labels' on two same-direction flights and when commenicing vectoring, gave instructions which actually caused the aircraft to begin converging (instead of diverging which was what was planned and expected). It was a plain case of 'human error' to which anyone, however well trained and professional, might succumb.
The flight crew took their own avoiding action and in one of the aircraft (a UK operator) a woman passenger happened to be walking in the cabin. The force of the avoiding action was so severe that it very seriously fractured and so injured her leg.
The only reason her lawyers were unable to pursue a claim for damages from the controller and the employer (note: not the airline) was because the flight crew had earlier ~ on commencing descent ~ illuminated the "fasten seat belts" sign and the cabin crew had instructed the passengers all to return to or remain in, their seats.