San Francisco Chronicle
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Dog-Mauling Death Case Settled
Victim's mom, partner sued landlords
Jaxon Van Derbeken, Chronicle Staff Writer 
December 21, 2002 

San Francisco -- The mother and former domestic partner of dog-mauling victim Diane Whipple have settled wrongful death lawsuits they filed against the landlords of the San Francisco building where Whipple was killed.

Penny Whipple Kelly, Whipple's mother, and Sharon Smith, who lived with Whipple, filed separate wrongful-death lawsuits in 2001 after Whipple was mauled to death in the hallway of her Pacific Heights apartment building.

The two Presa Canarios involved in the attack belonged to husband and wife attorneys Robert Noel and Marjorie Knoller, who also lived in the building.

The suits named Noel and Knoller as well as Rudolph and Annette Koppl, who own the 40-unit building on Pacific Avenue, and property management firm Marina Green Properties Inc.

Under the settlements with the Koppls and Marina Green Properties, Kelly and Smith will receive an undisclosed amount of cash, their attorneys said Thursday.

"It was very emotional for Sharon," said Michael Cardoza, Smith's attorney. "She wanted to put it to rest. She wanted to move on with her life."

"It was never about money," Cardoza said, adding that the cash Smith would receive would go to a charitable foundation that supports athletics and other causes. "This gives some closure to Sharon. It was an equitable settlement."

The plaintiffs had accused the building's landlords of negligence for allowing Noel and Knoller to keep a pair of dangerous, 100-pound-plus dogs in their apartment and for not having an on-site manager of the building.

Ron Rouda, attorney for Whipple's mother, said she "has suffered a tremendous loss with the death of her daughter and is pleased to have resolved the case against the landlord."

"Tenant safety in an urban environment must preclude vicious large animals from threatening tenants," Rouda said.

Richard Williams, attorney for the Koppls and Marina Green Properties, could not be reached for comment.

Both women still are suing Noel and Knoller, who are serving time in state prison for manslaughter in Whipple's death Jan. 26, 2001.

Whipple, a lacrosse coach at St. Mary's College, and Smith, an executive at Charles Schwab, lived down the hall from Noel and Knoller.

Knoller was taking one of her Presa Canarios home from a walk when it attacked Whipple in the hallway as she returned from a trip to the grocery store.

Smith's lawsuit cleared a landmark hurdle last year when a San Francisco judge allowed it to proceed, even though Smith was Whipple's partner and not her spouse.

Under state law, same-sex couples are not allowed to marry and thus can be denied rights and benefits equal to those of married people.

Noel and Knoller had sought to throw out the lawsuit, contending that lesbian partners are not recognized under California law. They are appealing the decision by Superior Court Judge A. James Robertson II to let the case proceed.

E-mail Jaxon Van Derbeken at jvanderbeken@sfchronicle.com.

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