In January, 2001, Diane Whipple, a resident of San Francisco, was killed by two dogs as she attempted to go into her home. Grisly details of the case emerged, and the owners of the dog, Marjorie Knoller and Robert Noel were charged with criminal charges including murder.

A year later, guilty verdicts were handed down in March, 2002. However, the case was not closed. An appellate phase followed examining the circumstances under which the owner of a dog should be guilty of murder when his or her dog murders someone. In May 2007, the California Supreme Court upheld the original murder conviction. The sentence was 15 years to life in prison. Let us look at the crime.

On January 26, 2001, approximately 4:00 p.m., San Francisco police and paramedics arrived on the scene to find a naked woman lying in a pool of blood, still alive, with her entire body covered by dog bites. Bloody handprints were plastered on the walls, and extended 4 feet up the walls and 30 feet down the corridor. Shorn bits of clothing were scattered with a bloody green nylon dog leash close at hand. A large dog was running about.

The victim was identified as Diane Whipple, a lacrosse coach who lived 50 feet from where the dogs resided. She died that night. The dogs that killed her were Presa Canario dogs which are bred for fighting, security and some herding in the Canary Islands. They approached extinction in the 50s but then were mixed with mastiffs and others and were brought back. They were brought to the United States in 1990, and now there are approximately 1,000 roaming around.

In California, dog owners are strictly liable for dog bites or any injuries a dog may cause.  Due to Ms. Whipple’s death, the legal course of action was for her wrongful death. In such a case, the surviving partner or family sues on behalf of the victim. The individual who sues is established by the rules applicable to those who die intestate. Thus, whoever is entitled to your property is entitled to sue. The value of the suit is determined by the value of the individual’s life to whomever is suing. In this case, Sharon Smith, her partner, sued as well as Edythe Pamela Whipple-Kelly. The lawsuits were settled but the figures were kept private.

Bookmark It

Hide Sites