Sir, then the pilot was wrong. The pilot is the ultimate authority on the operation of his platform. Sadly, many times a pilot is pressured to fly when it goes against his judgment. Pilots must be strong enough to detach from that sort of pressure.
Madam,
Take it to a jury trial and see how they apportion the blame/responsibility. Again, if there is cause.
And I am only pointing out what would be likely to happen in such a situation if the deep pockets belonged to the host rather than the pilot—if the host weren’t Kobe.