I understand the nonsuit. It's a tragedy. But I can see why the Court of Appeal would hold that there was no evidence of negligence when the SWAT team accidentally kills the hostage, a 19-month old baby girl. Her father was threatening to kill her, and bursting in and trying to save her was once acceptable option.
At the same time, the officers fired over fifty bullets during a three to six second period. The father was holding the baby, using her as a shield. Of course you're going to hit the child. There's no doubt. I don't care that you were trying to shoot on the "other" side of the father's body. Fifty bullets. You're going to kill the child you're trying to save.