If the car came from the factory with an emergency lug wrench that not only doesn’t work in emergencies but actually damages parts, he should have gotten warranty coverage.
edited to add:
“The guy was canting that dinky tool kit lug wrench at an angle and it kept slipping off on him. (By his own admission)”
You left that part out when I replied. Nevermind. Given the full story of course you’re right.