The plaintiff’s lawyers would say, the autopilot was engaged, made the decision to run into the wall, and turned off 0.1 seconds before impact. Liability is not going disappear when there were 4.9 seconds of making dangerous decisions and peacing out in the last 0.1.
these strategies aren't about actually winning the argument, it's about making it excessively expensive to have the argument in the first place. Every motion requires a response by the counterparty, which requires billable time from the counterparty's lawyers, and delays the trial. it's just another variation on "defend, depose, deny".