Vessel 1 was rented by the Operator.  After departing from the rental area, the Operator and two additional Occupants noticed that Vessel 1 was performing poorly and that the seat was broken.  The Operator then returned Vessel 1 to the rental agency where it was determined that the bilge was full of water and the bilge pump wasn't working properly.  The rental agency pumped out the bilge with a spare pump and the Operator and Occupants aboard Vessel 1 again returned to boating.  After being put back into operation Vessel 1 again took on water at which time the Operator contacted the rental agency via cell phone and another boater in the vicinity was hailed for assistance.  Vessel 1 then capsized, putting all three parties into the water; all persons were safely brought on board the vessel in the area that had been hailed for assistance.  Vessel 1 was then towed to the ramp and removed from the water at which time it was determined that the prop shaft was bent (breaking the lower unit) and the prop was cracked and broken.  The rental agency claims that the damage was done during the rental term although the Operator denies this being the case.
Lewis Center                  