Bad situation pretty well sums it up!
Damage caused by snow removal equipment comes under some weird regulation. I know that city, state and county plows here are not liable for hitting unattended cars when clearing the roadways. However, this guy got himself in a situation without hitting the cars.
I put the blame for this one on the tow driver. With all his booms, multiple winches and anchors points there was no reason, except laziness, for him to be pulling. He could have winched this payloader out without damaging anything.
I do give the driver credit for not fighting with the witnesses and calling in a supervisor to handle this. One thing that does need to be remembered by everyone on this is that under that snow is ice. That payloader was helpless trying to get traction, and I would hate to try and operate it in those tight quarters.