I posted a comment on this earlier, but it was brief as I was at work, and @Discovereads has ignored it.
For the record, I said nothing of the sort.
I said that if there were a tribunal system for grocery store customers (hint: there isn't) then the driver could have their lawyers argue this.
I made no comment at all about the validity of the arguement.
This wouldn't, in fairness, be the stupidest thing I've seen a lawyer argue. That probably belongs to the lawyer who argued that a paramedic was negligent in declaring a patient dead before checking their pulse, when the decapitated head was resting 6ft away from the body. Or the defence barrister who argued that, because the witness saw the head of the burgler through one window, and the fist with the brick through the adjacent one, then he couldn't be confident that the two were in fact connected.
But it is well up there.
It does seem that ignoring and cherry-picking is a feature of the TRA debating strategy, alas. And @Discovereads it better than most.