This could be a slippery slope that ends in place no one intends. This instance is particularly egregious, but there needs to be a balance of present responsibility for actions and redemption for immature indiscretions in the past. And this is wrongful death, but will the precedent be applied for increasingly lesser accidents to the point that instructors will be sued and held perpetually liable for the training they provide? Will the FAA or the DPE bear any liability even though they were the ultimate licensing authority? Not bloody likely.