In a case that is expected to test California law on the rights of same- sex couples, the partner of the San Francisco woman mauled to death by a dog filed a wrongful death lawsuit yesterday against the animal's owners and the owner of the apartment building where the attack occurred. Sharon Smith, whose partner of nearly seven years, Diane Whipple, was viciously attacked in the hallway outside her Pacific Heights apartment on Jan. 26, maintains in the suit that the dog's owners -- and the apartment building owner -- showed negligence by allowing the large Presa Canario dogs, Bane and Hera, to stay in the urban residence. 
The suit names dog owners Robert Noel and Marjorie Knoller, who lived down the hall from Whipple and Smith, as well as the building owner Rudolph G. Koppl. None of the defendants could be reached for comment. The San Francisco grand jury is currently listening to evidence in the case and will decide whether Noel and Knoller should be indicted i
n connection with Whipple's death.
Diane Alexis Whipple (January 21, 1968 - January 26, 2001) was born in Princeton, New Jersey. Her true hometown was Manhassett, Long Island, where she grew up and went to high school. After she and Sharon Smith met and Diane moved to San Francisco, she came within seconds of qualifying for the 1996 Olympic Team in the 800 meters. Her failure to make the team was one of the most crushing disappointments of her life. She became a coach and teacher when she assumed the position as the Lacrosse coach at St. Mary's college, a position she held up until her death. On January 26, 2001, Sharon and Diane were living their lives as a committed lesbian couple. They planned to continue 'mingling their hopes and dreams' well into the future. They had begun plans to have a child. 33-year old Whipple died at San Francisco General Hospital hours after the canine attack. Whipple's partner Sharon Smith has become an outspoken advocate for her lover's memory. Although California law allows only legal heirs -- surviving spouses, children and parents -- to sue for wrongful death, Smith as well as gay and lesbian legal rights advocates said they hope the case will change that. "This death did not need to happen," Smith said, choking back tears at a news c
onference yesterday at City Hall. "I want to make sure the persons responsible for her death are held accountable. . . . I'm hoping this is an example of how unfair the laws are (for gay and lesbian couples)." Kate Kendell, executive director of the National Center for Lesbian Rights in San Francisco, said Smith and Whipple had shared household expenses and health insurance, that for all intents and purposes they were like a married couple. Smith shouldn't be penalized by the court system because the state wouldn't allow them to be married, Kendell said. "This case is about nothing more and nothing less that the recognition of our common humanity," Kendell said. Other legal experts said they would be surprised if the case held up in court. "She might be challenging the statute, and there may be a strong argument for expanding it," said John Diamond, a professor at the University of California's Hastings College of the Law, "but under the current statute, it's unlikely she would prevail." Today, Smith will testify in Sacramento at an Assembly committee hearing on a bill sponsored by Assemblywoman Carole Migden, D-San Francisco, that would enable gay and lesbian partners to sue for wrongful death. Bane was destroyed shortly after the attack. The other dog, Hera, has been ordered destroyed by animal control officials but is being held as evidence as investigators continue to look into the fatal attack. Smith said any monetary award from the suit would be given to a nonprofit foundation she has set up in Whipple's name that would in part benefit female lacrosse athletes.
The suit names dog owners Robert Noel and Marjorie Knoller, who lived down the hall from Whipple and Smith, as well as the building owner Rudolph G. Koppl. None of the defendants could be reached for comment. The San Francisco grand jury is currently listening to evidence in the case and will decide whether Noel and Knoller should be indicted i
n connection with Whipple's death.Diane Alexis Whipple (January 21, 1968 - January 26, 2001) was born in Princeton, New Jersey. Her true hometown was Manhassett, Long Island, where she grew up and went to high school. After she and Sharon Smith met and Diane moved to San Francisco, she came within seconds of qualifying for the 1996 Olympic Team in the 800 meters. Her failure to make the team was one of the most crushing disappointments of her life. She became a coach and teacher when she assumed the position as the Lacrosse coach at St. Mary's college, a position she held up until her death. On January 26, 2001, Sharon and Diane were living their lives as a committed lesbian couple. They planned to continue 'mingling their hopes and dreams' well into the future. They had begun plans to have a child. 33-year old Whipple died at San Francisco General Hospital hours after the canine attack. Whipple's partner Sharon Smith has become an outspoken advocate for her lover's memory. Although California law allows only legal heirs -- surviving spouses, children and parents -- to sue for wrongful death, Smith as well as gay and lesbian legal rights advocates said they hope the case will change that. "This death did not need to happen," Smith said, choking back tears at a news c
onference yesterday at City Hall. "I want to make sure the persons responsible for her death are held accountable. . . . I'm hoping this is an example of how unfair the laws are (for gay and lesbian couples)." Kate Kendell, executive director of the National Center for Lesbian Rights in San Francisco, said Smith and Whipple had shared household expenses and health insurance, that for all intents and purposes they were like a married couple. Smith shouldn't be penalized by the court system because the state wouldn't allow them to be married, Kendell said. "This case is about nothing more and nothing less that the recognition of our common humanity," Kendell said. Other legal experts said they would be surprised if the case held up in court. "She might be challenging the statute, and there may be a strong argument for expanding it," said John Diamond, a professor at the University of California's Hastings College of the Law, "but under the current statute, it's unlikely she would prevail." Today, Smith will testify in Sacramento at an Assembly committee hearing on a bill sponsored by Assemblywoman Carole Migden, D-San Francisco, that would enable gay and lesbian partners to sue for wrongful death. Bane was destroyed shortly after the attack. The other dog, Hera, has been ordered destroyed by animal control officials but is being held as evidence as investigators continue to look into the fatal attack. Smith said any monetary award from the suit would be given to a nonprofit foundation she has set up in Whipple's name that would in part benefit female lacrosse athletes.*************************************************************************************************************************************************
IF A PERSON IS GOING TO ACCUSE OTHERS OF BEING SOMETHING WRONG, SINFUL OR 'PERVERTED', IT WOULD PROBABLY BE A GOOD IDEA TO FIRST TAKE A LOOK IN THE MIRROR, AND MAKE SURE THEY ARE LIVING RIGHT BEFORE GOD THEMSELVES. A LESBIAN IS HARDLY IN A POSITION TO JUDGE SEXUAL SIN IN OTHERS.
IF A PERSON IS GOING TO ACCUSE OTHERS OF BEING SOMETHING WRONG, SINFUL OR 'PERVERTED', IT WOULD PROBABLY BE A GOOD IDEA TO FIRST TAKE A LOOK IN THE MIRROR, AND MAKE SURE THEY ARE LIVING RIGHT BEFORE GOD THEMSELVES. A LESBIAN IS HARDLY IN A POSITION TO JUDGE SEXUAL SIN IN OTHERS.
