Agree. I'd would argue that even if Kobe did lease/contract the pilot, it's a relative weak argument holding Kobe's estate liable in my view. Kobe is not in the "business" of helicopters or its pilots, etc. It appears based upon the pilot's background, he was highly regarded, trained/licensed to fly instrumentation along with visual flight rules, 8200 hours of flight time, etc. It would appear that being the case, the pilot was fully vetted from a due diligence standpoint, etc. The pilot bears the ultimate authority when it comes to making the final decision to fly when conditions get dicey, as they were. If it turns out that there wasn't any mechanical issues, which preliminary reports lean towards, routine maintenance performed (which also appears to be the case, mention of same being performed every 25 hours of flight time, etc.) a lot/most of this will fall on pilot error.
What's really puzzling (especially as a seasoned pilot) if he became so disorientated in the clouds/fog/marine layer, etc. why was he going so fast just before impact? Helicopters obviously hover, why not hover the copter and then ease it down and land it in some field or other safe area? I've read that in such cases, he could have been subject to an FAA reprimand, etc., but big deal in the realm of things. Perhaps, with Kobe on board and being such a high VIP, he just let his ego get in the way and didn't want to disappoint/have to admit that he couldn't get Kobe & company to their destination on time at this point without risking too much.