On 7-25-09 around 2:30p.m. P1 and family went to Eagle Nest Island on TN. River, Clifton TN.  They lounged around the beach area a while and P1 drank 2 beer during this time.  P1 then got in his boat to take P2 (his fiancé’s daughter, age 16) tubing.  P3, P1’s daughter (age 14) and P4, P2’s boyfriend (age 15) were observers on the vessel.  The vessel was a 17 ft. open type bass boat with an outboard motor.  Both P3 and P4 were sitting on the bow decking of the boat facing P2 being pulled on the tube.  P4 was directly in front of P1, who was driving and P3 was on the port (left) side bow deck.  P1 was pulling the tube from the island area downstream toward the Clifton Marina when he struck a green buoy which hit the starboard (right) upper portion of the hull where it meets the gunwale in front of the drivers console.  The tube which carried P2 was dragged into the buoy knocking P2 off the tube.  P1 circled around and P4 jumped in and helped P2 into the boat.  P1 said he was meeting 3 boats and he was focusing all his attention on avoiding these boats and did not see the buoy.  When he struck the buoy he immediately let off the throttle and swerved, then the tube struck the buoy, throwing P2 off and P1 circled and got P2.  P1 did say his view was obstructed by the other occupants of the boat which were sitting in front of him.

Independent wit 1 who was at Eagle Nest Island was watching P1.  He said he was watching them the whole time and noticed they were going to hit the buoy and said “hey dad they are going to hit that buoy”.  At which time witness 2 looked up and P1 struck the buoy.  Both witness 1 and 2 got in their boat and went over to render aid.  They both said there were no other boats in the vicinity at the time of the accident.  P2 was not knocked unconscious according to occupants of boat.  They got her into the boat and laid her down because they were afraid of back and head injuries.  They went and picked her mother up at the island and headed to Clifton Marina.  Her mother called an ambulance on the way to the marina.  P2 complained of head pain, leg, and side pain.  She refused to be transported by lifeflight to Vanderbilt which was in the vicinity and was then transported to Wayne Co. Medical Center where she was examined, x-rayed and had cat scans which all came back showing no fractures or internal injuries.  Visually she had a bump on the back of her head, and scratches which appeared to be from the tube or the rope across the right side of her torso and across her legs.  She was released from the hospital around 9:00p.m. that night.
CLIFTON                       