On january 16, 2010 at 4:30pm three vessels idled east out of the no wake zone at seine beach, located on the tar river near grimesland, nc.  After vessels cleared no wake zone, vessel number 2 throttled up and took off.  Vessel #1 throttled up and took off.  Vessel #3 throttled up and too off.  Vessel #1 overtook vessel #2.  As vessle #2 passed vessel #1, vessel #1 lost control and veered hard to the port (left) into the path of vessel #2.  Vessel #2 attempted a port maneuver to avoid collision.

Vessel #2 struck vessel #1 on the port(left) side at the windshield, vessel #2 ramped as both vessels rotated, vessel #2 entered vessel #1 app. 12 inches from the stern on the port causing severe hull damage from vessel #2 lower unit, travelled across the passenger area, craced the hull on the starboard side (right), bent the ignition key and choke throttle lever and exited vessel #1 on the starboard side (right).  Vessel #1 operator was killed on impact as the bottom of vessel #2's hull slide across the passenger area of vessel #1. Vessel #1 is a single seat mid performace vessel with a top speed of 78 mph.  Vessel #2 is an outboard recreational vessel with a top speed of 55 mph.  Vessel #3 is a high performace vessel with top speed over 100 mph.  Vessel #3 is included in this report as a witness of the above events and stated he had reached about 55 mph when he saw the incident happen.  The above statement is from operator of vessel #2.

I determined the damage on vessel #1 & #2 is consistent with witness statement.  As the rules of the road imply any vessel  under power overtake another vessel under power, the vessel overtaking must be the give way vessel and give ample room for the vessel being overtaken.  Therefore, i determine vessel #1 as being at fault.  The district attorney of pitt county agrees and no criminal charges will be filed.

GRIMESLAND                    