At about 3:00 p.m. on 9/7/2009, subject 1 decided to take his sailboat out onto Bear Lake for a sail.  The wind had been gusting upwards of 25 mph which had caused several boats to come off the lake and into the confines of the marina.  The winds had been blowing from the southwest.

The winds had died down to 16 to 18 mph and he decided to operate his boat, via its diesel engine, from its slip in the marina.   subject 1's boat had been backed into its slip.  As he moved the boat from its slip, the winds blew the bow of the boat towards the north.   subject 1 continued operating the boat knowing that his boat had better control in maneuvering the boat from the stern. subject 1 operated his boat towards the main channel of the marina without being able to see how many boats were in the main channel.  People on board  subject 1's boat tried to communicate with the operators of the boats that were in the vicinity of his boat, but because of the congestedness of the main channel, they were not able to maneuver in a manner to clear a path for subject 1's boat. subject 1 decided, that rather than possibly colliding with one of the other boats in the main channel, to maneuver his boat close to the end of the CU dock.  As he did this, his boat began to rub against the rub rail of the dock.  As the his boat continued with its momentum and with the added force of the wind, a cleat on the end of the dock punctured the starboard hull of  subject 1's boat.
Garden City                   