It is our opinion that while Operator and fiancee were fishing the boat was taking on water from the livewell pump.  The livewell overflow hose had an obstruction which did not allow the water to exit the boat fast enough.  When they started to leave, Operator explained that they were traveling slow which would raise the bow of the boat and possibly allow some water to collect in the trough t the stern of the boat.  When Operator felt the engine hit the bottom, he trimmed the engine up which allowed the bow to raise more and the stern to lower closer to the water line.  When they noticed water at their feet, Operator made a left turn maneuver to get closer to shore and shut the engine off.  When the boat stopped, water rushed in from the stern and swamped the rear of the boat.  Operator explained that the water level had risen to the bottom of the steering wheel.  When Operator stood up to get the pfds from the front compartment, his movement to the port side of the boat where fiancee was sitting allowed water to shift to the port side.  His weight along with the shift of the water caused the boat  to roll and capsize.  Operator explained that his weight is 320 poun ds and fiancee’s weight is over 250 pounds.  The capacity plate attached to the boat is 5 persons or 635 pounds and a maximum of 1135 pounds people, engine, and gear.  The combined weight of Operator and fiancee along with the water weight in the livewells, engine, and fishing gear would closely equal the capacity of the boat.  


MURPHY                        