OK guys. I didn't drill my friend for case numbers and rule numbers (we were at a regatta party, not a hearing or seminar). However, no many how many "what-ifs" I threw at him (in response to all the variations thrown out here), his reply was the same, windward gets tossed.

He is very much, "Don't talk past the sale." This example was such a no-brainer to him, he seemed to get annoyed at the multiple questions, in his mind, none of them changed anything. Windward gets tossed.

I think the only way leeward gets in trouble is if there's contact that causes damage. And windward would still get tossed.

Mike