Originally Posted by
PDR1
...and the availability of alternative transport for the aircrew is almost certainly going to make it worse in the eyes of a court...
Ordinarily, something like this would never see the inside of a courtroom, the parties involved having reached a sensible (and cheaper) out-of-court settlement.
But when one of those parties (who should know better) clearly subscribes to the "when you're in a hole, keep digging" philosophy, this one could go all the way ...