There is an old saying: "Every time you make something fool-proof, they come out with a better fool." I think that applies here.
This guy will not win in court. S&W did their homework, and "Read Manual Before Use" is probably printed right on the side of the barrel. Their lawyers will have him for lunch, and he will lose his own lawyer fee too. (in addition to his ER co-pay)
Next thing we know, he will run for congress and try to ban guns like someone named Brady.