Mauling Victim’s Partner Sues the Caretakers of Killer Dogs

SAN FRANCISCO —  The partner of a woman who was fatally mauled by two dogs in January filed a wrongful-death suit Monday against the two lawyers who were caretakers for the animals.

After filing the suit in San Francisco Superior Court, Sharon Smith and her attorneys said that in addition to requiring Robert Noel and Marjorie Knoller to accept responsibility for Diane Whipple’s death, they also hope to clear a legal hurdle: that of having California recognize Smith and Whipple as a couple.

The suit was filed as a grand jury continued to hear evidence that could lead to criminal charges against Noel and Knoller.

The suit alleges that the two were negligent in their handling of the two dogs that attacked and killed Whipple in the hallway of her apartment building.

The suit also names apartment building owner Rudolph G. Koppl, alleging he “should have known that Knoller and Noel were keeping the dogs on the premises and that the dogs were dangerous.”

The suit was filed on behalf of Smith by the National Center for Lesbian Rights, in partnership with San Francisco attorneys Michael Cardoza and Robert Lazo.

“The issue of whether someone in Sharon’s position can bring a wrongful-death suit has never been addressed by a California court,” said Kate Kendall, executive director of the lesbian rights group. “We are confident that the answer in this case will be yes.”