10 drunken people ejected from a 21 foot boat

sdowney717 · 08-05-2018, 07:42 AM

Fort Wayne woman gets home detention for boat accident

That's a lot drunks in one small boat. Does not say the boat driver was drinking. She gets to pay $110,000 to her 'boating buddies' for their injuries plus house arrest. Everyone is your friend until something bad happens, then they aren't. Those drunks bear some responsibility just putting themself in that situation. Be careful who you go boating with and don't do stupid things like this woman and passengers did. Everything is fine until something happens. School of hard knocks, some, likely most, have to learn the hard way, some never learn. They all should get Darwin awards.

kenk · 08-05-2018, 08:12 AM

The dumb idiot should get the Darwins award for letting 10 people on a 21 foot boat never mind the drinking. It seems people are getting stupider by the minute.

menzies · 08-05-2018, 08:19 AM

If she was under the limit her insurance probably had to pay.

psneeld · 08-05-2018, 10:01 AM

Even if over the limit unless specifically stated otherwise.

hollywood8118 · 08-05-2018, 10:07 AM

must of had decent HP to get going fast enough to toss the 10 drunks overboard. typical news story doesn't give much detail.. like if it was even her boat .. and if she got tapped as the least impaired to get the others home.

HW

BIG CAT · 08-05-2018, 10:18 AM

Smh. Nothing spells out accident waiting to happen than that many drunk people on a small boat with a 21yo at the helm.

sdowney717 · 08-05-2018, 10:33 AM

Boat wreck trial rescheduled for August | Heraldrepublican | kpcnews.com

She was also drinking, BAC was .122. Boat hit a wave and ejected the people. And some jumped out of the boat?

Then the 2007 Correct Craft Air Nautique (high speed ski type boat) free drove around the lake until a deputy entangled the prop in a rope to slow it down, then jumped into the boat to stop it.

Video of boat going in circles, crashing into docks and smashing into boats
.
http://www.kpcnews.com/news/latest/h...ab056599f.html
ANGOLA — Steuben County Prosecutor Jeremy Musser has filed an additional charge against Dominique M. Effinger, 20, who was allegedly driving a boat that crashed on Lake Gage on July 22, ejecting most passengers and causing injury.

On Friday, Musser filed a second set of charges alleging Level 6 felony operating a motorboat while intoxicated resulting in serious bodily injury and operating a motorboat with an alcohol concentration equivalent to at least .08 percent resulting in serious bodily injury.

Effinger, Fort Wayne, is now facing seven charges, four of which are Level 6 felonies. Her first court appearance is set for Aug. 14 at 1:30 p.m. before Magistrate Randy Coffey. Her attorney in the case is Travis Friend, a Steuben County native who now practices law in Fort Wayne. The case will be in Steuben Superior Court.

Effinger is also facing Class C misdemeanor charges of operating a motorboat while intoxicated, operating a motorboat with an alcohol concentration at least .08 percent and minor consuming alcohol.

In a probable cause affidavit filed in court, Effinger’s blood alcohol content, measured at the scene, was .122 percent shortly after the accident, which was reported at about 7:15 p.m. One is considered legally intoxicated at .08 percent blood alcohol concentration in Indiana.

Airstream345 · 08-05-2018, 11:13 AM

This weekend it's SeaFair here in Seattle (Airshow, Blue Angels, speed boat racing) on Lake Washington. We live near the event and typically try to "get out of Dodge" to avoid the traffic.

Yesterday I decided to head to the marina to perform some preventative maintenance on Fortitude and avoid the madness. When I arrived around noon I noticed a lot of the smaller boats that seem to never leave the marina were all gone. Around 8:00pm, one-by-one, they started returning. Highly entertaining.

At least one boat, an open wake boat, appeared overloaded with about 10 incredibly drunk 20-somethings onboard. They could barely dock and when they did it took another hour of loud arguing to get all the gear off the boat. There was one really interesting discussion about how the blender should be transported home.

Glad they all made it back safely but it seems so ridiculous to put yourself at such risk.

BandB · 08-05-2018, 11:40 AM

A lot of lives ruined, including the offender's, by alcohol. Young people destroyed. Whatever future she had is no longer possible. By our lack of enforcement, we've made driving under the influence and operating a boat under the influence acceptable. Rather than being proactive, we're reactionary.

ghost · 08-05-2018, 11:13 PM

My one virtue. I never drink while operating, not even a single beer while staying under the limit.

toocoys · 08-06-2018, 01:17 AM

Why is she the only offender, if they were all drunk? Liability should be evenly spread amongst them all.

psneeld · 08-06-2018, 05:53 AM

Quote:

Originally Posted by toocoys

Why is she the only offender, if they were all drunk? Liability should be evenly spread amongst them all.

Doesnt work that way until each civil suit case is heard, then her lawyer could make a case for split liability.... otherwise the law only applies to her ss the operator.

What is a Split Liability Agreement?

toocoys · 08-06-2018, 06:13 AM

Quote:

Originally Posted by psneeld

Doesnt work that way until each civil suit case is heard, then her lawyer could make a case for split liability.... otherwise the law only applies to her ss the operator.

What is a Split Liability Agreement?

That’s the problem with this society. They are just as liable as she is. They got on the boat, they all got drunk, they allowed her to drive, and none of them took responsibility for their own welfare.

What should happen is they should all be told, “sorry for your luck chuck.” But instead the insurance is going to pay out 9 settlements and make all of our premiums go up. (I know one case won’t donthat but it has to contribute even in the most minute way.)

psneeld · 08-06-2018, 06:46 AM

Drunk people "allowing" someone to drive....?....?.....

Isnt "drunk" by definition not in a position to think reasonably? Sure is in my exoerience.

And no they are not liable for the accident. Pkenty of drunk boaters every weekend dont have accidents.

OldDan1943 · 08-06-2018, 07:59 AM

What would confusing is if they gave her house-arrest and her 'house' was the boat.

I do not allow folks to drink underway, only when safely tied to the home dock and I sure do not overload the boat.
I doubt if there was enough PFDs on board too, additional fine.

toocoys · 08-06-2018, 10:46 AM

Quote:

Originally Posted by psneeld

Drunk people "allowing" someone to drive....?....?.....

Isnt "drunk" by definition not in a position to think reasonably? Sure is in my exoerience.

And no they are not liable for the accident. Pkenty of drunk boaters every weekend dont have accidents.

Yes they allowed her to drive.

No one stopped beforehand and said “hey, maybe you shouldn’t drive” or “I’m not comfortable with you drinking and driving”.

And yes they are just as liable. If you knowingly and willingly take part, shouldn’t that make you just as culpable? If you knowingly and willingly place your life in the hands of someone you KNOW isn’t capable of saving it, don’t you share some of the responsibility?

psneeld · 08-06-2018, 10:53 AM

Quote:

Originally Posted by toocoys

Yes they allowed her to drive.

No one stopped beforehand and said “hey, maybe you shouldn’t drive” or “I’m not comfortable with you drinking and driving”.

And yes they are just as liable. If you knowingly and willingly take part, shouldn’t that make you just as culpable? If you knowingly and willingly place your life in the hands of someone you KNOW isn’t capable of saving it, don’t you share some of the responsibility?

If as YOU say they all got drunk, then no one was qualified to allow or not allow, none were in their right mind.

You are in a logic loop....or I am .....made of your own facts.

Now to be fair, the article said all had been drinking, not necessarily drunk...so if you want to break the loop, here's your chance.....

toocoys · 08-06-2018, 11:07 AM

Quote:

Originally Posted by psneeld

If as YOU say they all got drunk, then no one was qualified to allow or not allow, none were in their right mind.

You are in a logic loop....or I am .....made of your own facts.

Now to be fair, the article said all had been drinking, not necessarily drunk...so if you want to break the loop, here's your chance.....

They didn’t wake up drunk. They made a choice.

psneeld · 08-06-2018, 11:10 AM

See, impossible to answer the catch 22.

BandB · 08-06-2018, 02:08 PM

Quote:

Originally Posted by psneeld

See, impossible to answer the catch 22.

Wifey B: So now the question is who was drunk first. Did they allow her to operate drunk while they were sober or were they already drunk? Oh and who served or bought the booze. Oh what a tangled web.

The Captain is in charge and the one legally liable. If the captain can somehow prove that their injuries were attributable in part to them being drunk then perhaps split civil responsibility.

Your catch 22 is a nice chicken and egg.