It might be possible to prove or at least bring into the case the possibility that the guy had mistreated the fondleslab in question. Dropping it on the wrong corner could potentially distort the battery causing a short. Did it for eg have a protective case? If not then either case dismissed or payout massively reduced.
If he didn't disable the 'report performance to apple' in the settings Cupertino might just have accelerator evidence of a prang. Anyone know if such data is or is not routinely sniffed under such settings?