On July 25th, 2009 a group of close friends and relatives were boating at West Bend Recreation Area on Lake Sharpe. At approximately 8:00 PM a lone male took off from shore, heading east in a Lund outboard driven vessel (vessel 1). The operator of vessel 1 tried bringing the vessel up on plane by putting the throttle lever in the full throttle position. The operator of vessel 1 briefly lost handle of the steering wheel and the vessel made a sharp turn to the right. The operator of vessel 1 was thrown out the back of the vessel. The operator of vessel 1 was not wearing his PFD but managed to swim to safety. Vessel 1 continued to turn in circles at full throttle approximately 100 yards from shore with no one on board.

Two males from the group were nearby on a Kawasaki PWC (vessel 2) when the operator of vessel 1 went overboard. The operator and passenger on vessel 2 motored over to vessel 1 in hopes of powering it down. Vessel 2 was positioned inside of vessel 1 and the driver and passenger made attempts to reach the throttle lever. The operator and passenger of vessel 2 were unable to reach the throttle of vessel 1. The wake of vessel 1 caused vessel 2 to capsize. The operator and passenger of vessel 2 were floating in the water inside the turning radius of vessel 1. The operator and passenger of vessel 2 were each wearing a PFD. The passenger of vessel 2 was able to swim to safety, while the operator of vessel 2 remained inside the turning radius of vessel 1. Vessel 1 circled the operator of vessel 2 five to ten times then drove directly over the top of him. Vessel 1's propeller struck the operator of vessel 2 in the upper left arm. Bystanders were able to help the operator of vessel 2 onto shore and transport him to St. Mary's Hospital in Pierre, SD. Vessel 1 eventually came to rest against the shoreline. 

A preliminary breath test was administered to the operator of vessel 1 after the accident. The PBT produced a digital reading of 0.060.

Vessel 1 was later inspected by an authorized mechanic. No mechanical failures in the steering or throttle linkage were found at the time of the inspection.
STEPHAN                       