Web Produced By: Megan Wasmund
Email:
Last Update: 5:18 pm


(Shannon Kettler, 9News)


The woman who tried to help a man that fell into the Little Miami River
Wednesday is facing charges.

Cherie Moore is charged with operating a watercraft while under the influence.
Moore was cited and released from police custody.

Police say Dwayne Cottrell, 43, slipped into the river as he, another man and
Moore were trying to launch a canoe from the riverbank. When the two people
tried to pull Cottrell to safety, the boat capsized throwing all of the people
into the water.

The man and Moore made it to shore, but Cottrell never resurfaced.

Police say none of the people were wearing life jackets.

http://www.wcpo.com/news/local/story...qrgt0ZBUA.cspx

On Apr 30, 5:53*pm, Garrison Hilliard wrote:
Web Produced By: Megan Wasmund
Email:
Last Update: 5:18 pm *

(Shannon Kettler, 9News)

The woman who tried to help a man that fell into the Little Miami River
Wednesday is facing charges.

Cherie Moore is charged with operating a watercraft while under the influence.
Moore was cited and released from police custody.

Police say Dwayne Cottrell, 43, slipped into the river as he, another man and
Moore were trying to launch a canoe from the riverbank. When the two people
tried to pull Cottrell to safety, the boat capsized throwing all of the people
into the water.

The man and Moore made it to shore, but Cottrell never resurfaced.

Police say none of the people were wearing life jackets.

http://www.wcpo.com/news/local/story...r-Deadly-Canoe...

It was significant that they explicated that they were NOT wearing
their PFDs!

John Kuthe...

On Thu, 30 Apr 2009 19:09:44 -0700 (PDT), John Kuthe
wrote:

On Apr 30, 5:53*pm, Garrison Hilliard wrote:
Web Produced By: Megan Wasmund
Email:
Last Update: 5:18 pm *

(Shannon Kettler, 9News)

The woman who tried to help a man that fell into the Little Miami River
Wednesday is facing charges.

Cherie Moore is charged with operating a watercraft while under the influence.
Moore was cited and released from police custody.

Police say Dwayne Cottrell, 43, slipped into the river as he, another man and
Moore were trying to launch a canoe from the riverbank. When the two people
tried to pull Cottrell to safety, the boat capsized throwing all of the people
into the water.

The man and Moore made it to shore, but Cottrell never resurfaced.

Police say none of the people were wearing life jackets.

http://www.wcpo.com/news/local/story...r-Deadly-Canoe...

It was significant that they explicated that they were NOT wearing
their PFDs!

John Kuthe...
not really. Typical sheep herder think.

On May 2, 8:00*am, nothermark wrote:
On Thu, 30 Apr 2009 19:09:44 -0700 (PDT), John Kuthe



wrote:
On Apr 30, 5:53*pm, Garrison Hilliard wrote:
Web Produced By: Megan Wasmund
Email:
Last Update: 5:18 pm *

(Shannon Kettler, 9News)

The woman who tried to help a man that fell into the Little Miami River
Wednesday is facing charges.

Cherie Moore is charged with operating a watercraft while under the influence.
Moore was cited and released from police custody.

Police say Dwayne Cottrell, 43, slipped into the river as he, another man and
Moore were trying to launch a canoe from the riverbank. When the two people
tried to pull Cottrell to safety, the boat capsized throwing all of the people
into the water.

The man and Moore made it to shore, but Cottrell never resurfaced.

Police say none of the people were wearing life jackets.

http://www.wcpo.com/news/local/story...r-Deadly-Canoe....

It was significant that they explicated *that they were NOT wearing
their PFDs!

John Kuthe...

not really. *Typical sheep herder think.

Here on Missouri (Saint louis specifically) our local news hardly ever
reports of the victims of boating accidents were wearing their PFDs.
And we not only live at the confluence of two largest rivers in North
Maerica (Mississippi and Missouri) but also have many many smaller
fla****er rivers (Ozark streams) plus a lot of lakes, Lake Of The
Ozarks being the most notable. Our local news reports many boating
accidents especially inb Summer, but they never bother to report on
PFD useage. :-( :-( :-(

John Kuthe...

On Sat, 2 May 2009 07:35:50 -0700 (PDT), John Kuthe
wrote:

Here on Missouri (Saint louis specifically) our local news hardly ever
reports of the victims of boating accidents were wearing their PFDs.
And we not only live at the confluence of two largest rivers in North
Maerica (Mississippi and Missouri) but also have many many smaller
fla****er rivers (Ozark streams) plus a lot of lakes, Lake Of The
Ozarks being the most notable. Our local news reports many boating
accidents especially inb Summer, but they never bother to report on
PFD useage

It is pretty hard to drown while wearing one. The falls from the boat
while wearing a PFD don't make news. Guy slips and gets wet is not the
stuff of headlines. Where I do my boating the last couple of
fatalities were night collisions. In one a cop boat plowed at high
speed into an anchored boat, and killed a guy in his bunk. In another
a drunk ran over a boat from behind, killed the helmsman, and kept
going. They found his damaged boat, and rounded up witnesses to every
one of the many drinks he had that night, and he went to prison. The
cop should have.

Casady

Casady

On May 1, 6:53*am, Garrison Hilliard wrote:
Web Produced By: Megan Wasmund
Email:
Last Update: 5:18 pm *

(Shannon Kettler, 9News)

The woman who tried to help a man that fell into the Little Miami River
Wednesday is facing charges.

Cherie Moore is charged with operating a watercraft while under the influence.
Moore was cited and released from police custody.


Curious.

Does this imply that anyone (even a nonpaddling bow passenger) who is
drunk in a canoe is liable for 'operating under the influence'? Do
passengers on a sailboat or motorboat have the same accountability?

--riverman

"riverman" wrote in message
...
On May 1, 6:53 am, Garrison Hilliard wrote:
Web Produced By: Megan Wasmund
Email:
Last Update: 5:18 pm

(Shannon Kettler, 9News)

The woman who tried to help a man that fell into the Little Miami River
Wednesday is facing charges.

Cherie Moore is charged with operating a watercraft while under the
influence.
Moore was cited and released from police custody.


Curious.

Does this imply that anyone (even a nonpaddling bow passenger) who is
drunk in a canoe is liable for 'operating under the influence'? Do
passengers on a sailboat or motorboat have the same accountability?

--riverman

This sounds more like "stumbling around on a muddy bank while under the
influence", to me.

I suppose technically, unlike a car, more than one person can be operating a
canoe at any given time. I suppose that enters into what passes for the
reasoning.

Cricket

On May 7, 7:05*am, "Cricket" wrote:
"riverman" wrote in message

...
On May 1, 6:53 am, Garrison Hilliard wrote:

Web Produced By: Megan Wasmund
Email:
Last Update: 5:18 pm

(Shannon Kettler, 9News)

The woman who tried to help a man that fell into the Little Miami River
Wednesday is facing charges.

Cherie Moore is charged with operating a watercraft while under the
influence.
Moore was cited and released from police custody.

Curious.

Does this imply that anyone (even a nonpaddling bow passenger) who is
drunk in a canoe is liable for 'operating under the influence'? Do
passengers on a sailboat or motorboat have the same accountability?

--riverman

This sounds more like "stumbling around on a muddy bank while under the
influence", to me.

I suppose technically, unlike a car, more than one person can be operating a
canoe at any given time. *I suppose that enters into what passes for the
reasoning.

Cricket

More than 'technically'...I think, unlike almost every other type of
water- or landcraft, anyone with a paddle in their hands is operating
and controlling a canoe.

For that matter, I wonder if there has ever been any litigation
related to whitewater rafting about the paddlers in the boat sharing
some sort of 'control' of the boat. Any paddle guide knows that you
can usually, but not always, accommodate for the erratic actions of a
crew. A paddling crew that was horribly out of control in a dangerous
situation could easily endanger themselves....why should the guide be
the liable one?

--riverman

On May 10, 6:28*am, riverman wrote:
On May 7, 7:05*am, "Cricket" wrote:



"riverman" wrote in message

...
On May 1, 6:53 am, Garrison Hilliard wrote:

Web Produced By: Megan Wasmund
Email:
Last Update: 5:18 pm

(Shannon Kettler, 9News)

The woman who tried to help a man that fell into the Little Miami River
Wednesday is facing charges.

Cherie Moore is charged with operating a watercraft while under the
influence.
Moore was cited and released from police custody.

Curious.

Does this imply that anyone (even a nonpaddling bow passenger) who is
drunk in a canoe is liable for 'operating under the influence'? Do
passengers on a sailboat or motorboat have the same accountability?

--riverman

This sounds more like "stumbling around on a muddy bank while under the
influence", to me.

I suppose technically, unlike a car, more than one person can be operating a
canoe at any given time. *I suppose that enters into what passes for the
reasoning.

Cricket

More than 'technically'...I think, unlike almost every other type of
water- or landcraft, anyone with a paddle in their hands is operating
and controlling a canoe.

For that matter, I wonder if there has ever been any litigation
related to whitewater rafting about the paddlers in the boat sharing
some sort of 'control' of the boat. Any paddle guide knows that you
can usually, but not always, accommodate for the erratic actions of a
crew. A paddling crew that was horribly out of control in a dangerous
situation could easily endanger themselves....why should the guide be
the liable one?

--riverman

ummm.. because you took their money in exchange for putting them on
the river?

On May 10, 7:33*pm, Larry G wrote:
On May 10, 6:28*am, riverman wrote:





On May 7, 7:05*am, "Cricket" wrote:

"riverman" wrote in message

....
On May 1, 6:53 am, Garrison Hilliard wrote:

Web Produced By: Megan Wasmund
Email:
Last Update: 5:18 pm

(Shannon Kettler, 9News)

The woman who tried to help a man that fell into the Little Miami River
Wednesday is facing charges.

Cherie Moore is charged with operating a watercraft while under the
influence.
Moore was cited and released from police custody.

Curious.

Does this imply that anyone (even a nonpaddling bow passenger) who is
drunk in a canoe is liable for 'operating under the influence'? Do
passengers on a sailboat or motorboat have the same accountability?

--riverman

This sounds more like "stumbling around on a muddy bank while under the
influence", to me.

I suppose technically, unlike a car, more than one person can be operating a
canoe at any given time. *I suppose that enters into what passes for the
reasoning.

Cricket

More than 'technically'...I think, unlike almost every other type of
water- or landcraft, anyone with a paddle in their hands is operating
and controlling a canoe.

For that matter, I wonder if there has ever been any litigation
related to whitewater rafting about the paddlers in the boat sharing
some sort of 'control' of the boat. Any paddle guide knows that you
can usually, but not always, accommodate for the erratic actions of a
crew. A paddling crew that was horribly out of control in a dangerous
situation could easily endanger themselves....why should the guide be
the liable one?

--riverman

ummm.. because you took their money in exchange for putting them on
the river?- Hide quoted text -

- Show quoted text -

Yes, the company took their money, but people still have self-
responsibility. If a paddle crew was just so damn incompetent, or
decided to have an 'extreme day' and secretly decided to sabatoge
their guide by doing exactly the opposite of what he said, and an
accident resulted, I think he could have grounds to sue THEM, as they
were 'operating' the vehicle at the time. Unlike row rigs, where there
is no uncertainty about who is in control, paddle rafts have a
tremendous amount of shared control that is beyond the guide's ability
to compensate for.

The argument could easily be made that the river company was assuming
responsibility, as the experienced party, and the guide's role assumed
some training of the passengers. But in a canoe, there is not that
relationship; back to the original situation....how does the legal
system determine who is the 'operator' in a canoe?

--riverman