On the contrary, his reliance on his own misjudgment was a voluntary and knowing waiver of plaintiffs' right to choose the forum under both federal and state law.
However, he later admitted that it had nevertheless been a misjudgment to assign such a task and that, despite her claims, they should have been more sensitive.
The misjudgment was in part due to unforeseen oxidation of the underlying iron strata due to water infiltration, which caused weakening and eventually a collapse of the strata.
Due to misjudgment of altitude of the flight, the on-board engine was switched off through ground command which made the on-board thrust developed to go to zero.