This is a classic case of skier stupidity. What kind of moron goes down an advanced trail labelled as marginal conditions without a slow and deliberate run to get a visual on the trail? Ski areas aren't providing "Interstate Highway" conditions and conditions are constantly changing in warm weather.
As to the patrol issue, and perhaps one of our SJ patrollers can reply to it, I've heard of patrollers dumping sleds before and I was told that patrollers have some sort of "good samaritan" liability protection under most State's legal systems.
Looks to me like another ambulance chaser situation. I hope we'll see a final report on this one simmilar to the Sundown case reported in another thread.
The toboggan flip over is going to get him some money I'd think, hopefully not for his stupidity of flying over the lip of the trail without paying attention.
The good samaritan laws only apply if we're operaring within our training standards. I don't know what the standards for snow mobile use are at Killington.
At Crotched, snow mobile usage is very limited during operating hours.
Speaking as a patroller, as long as the driver in question is staying within the operating/SOP norms of the area. I assume that the KSP took pains to document the incident, including any statements by the individual, the conditions and the other events that would pertain to the incident.
However, no matter what, it doesn't prevent an individual from going to court. Most cases are settled out of court anyways-- once it gets into the docket it becomes a public document and then it can be interpreted any way the media wants to take it.