Thought so.
If this were a civil court, you've acknowledged pretty much the equivalent of "my client, your honor, had a bad day."
To which, the judge might be slightly amused at the characterization.
I like this analogy... let's go with it...
So, your OTs? They're kinda like the inattentive bartenders who served your client the alcohol
If it hadn't been for their negligence, your client may have avoided losing his car keys and watching someone else sneak away and run off with something valuable to him and to you.
So you prefer to target the bartenders for a civil suit--they're, after all, at the root of it all. Without their bad behavior, your client may have never ended up in this situation.
All true.
"But," the judge would snap back, no doubt... "who had the keys in his possession at the time of the incident... who was responsible for them... who had the power, in the end, to prevent the problem?"
Then. Words to this effect: "Now get out of my court."
Finally... given that I've stressed the "third fumble" at least a couple of times now with no objection, while there's no open agreement, I'm left to assume there's a preference to just not go there... either you just can't stand to agree with me (hehe... a very real possibility) and/or guilty as charged.