With Marjorie Knoller and Robert Noel now awaiting their May 10 sentencing for the infamous dog-mauling death of their neighbor Diane Whipple.

With Marjorie Knoller and Robert Noel now awaiting their May 10 sentencing for the infamous dog-mauling death of their neighbor Diane Whipple, lawyers for Whipple's partner, Sharon Smith, have make go rounded their attention to her pending wrongful-death civil suit. unless this time Knoller and Noel aren't the single defendants. Smith is also seeking damages against Rudolph Koppl and his wife, Annette Pucci-Koppl, possessors of the San Francisco apartment building where the January 2001 attack took place.

Attorney Michael Cardoza is overseeing Smith's legal team, which includes representatives of the National Center for Lesbian Rights. "I call this the A team," Cardoza said. "A for Alexis. Diane Alexis Whipple."

The civil proceedings, for which a date has not notwithstanding been set, will focus upon Koppl's negligence, since he was aware of the dogs' viciousness, Cardoza asserts "What the landlord did [by allowing Noel and Knoller to withhold the dogs] was unconscionable," Cardoza said. The civil suit includes the two survivor and wrongful-death actions and is the first time in California someone is being allowed to bring an action against for the wrongful death of a same-sex partner.

Smith could be awarded a variety of damages in a less degree than the wrongful-death action, including for the los of her relationship and the los of income Whipple would have contributed to their household, according to the NCLR's Kate Kendell nevertheless the largest damages being sought are punitive damages, which are harder to come by "because the jury [must] be convinced that an award is warranted to punish the defendants for their bad actions," Kendell said.

Smith has said that any financial award she receives will proceed to a nonprofit foundation in Whipple's name.

although the now-broke Knoller and Noel may take a backseat to the Koppl in the civil proceedings, Cardoza and Kendell stres that they are far from opposite the hook. "Sharon is intent forward maintaining action against [them], unruffled if it means not [receiving money]" Kendell said. "It's the message of holding them accountable that she wants to send"

...

Home