Press Release:
A controversial decision in a famous dog bite case has been laid down by the San Francisco Court of Appeal when it affirmed the recalled conviction of Marjorie Knoller, owner of two Presa Canario/mastiff mixes that attacked and killed Diane Whipple. The infamous defendant now faces 15 years to life-long imprisonment after the court rendered a 3-0 decision finding her guilty for second degree murder.
Diane Whipple was a winning lacrosse player and neighbor of defendants Marjorie Knoller and her husband Robert Noel - both disbarred attorneys. She was mauled by the two, large-sized dogs in her apartments hallway when she was coming home after buying some groceries. Statements of witnesses testifying about the defendants insufficient supervision and control over the mischievous animals deterred Knollers claims that she tried to guard Whipple against the assault. Only Whipples feet and scalp were spared from 77 wounds and multiple traumatic injuries that resulted to blood loss and her consequential death.
The saga of Diane Whipples case started on March 2001, when the grand jury imputed the spouses for involuntary manslaughter, and Knoller for second-degree murder. The San Francisco Superior Courts order for a new trial on Knollers second degree murder charge was disapproved by the Court of Appeal. However, the California Supreme Court set aside the Court of Appeals ruling and ordered the trial court to determine whether the second degree murder judgment should be upheld. On September 22, 2008, the trial court revived the conviction and ruled that Knoller should spend 15 years to lifetime in imprisonment. On August 23, 2010 the First District Court of Appeal finally ruled that Knoller exhibited conscious disregard of the danger to human life when her canines escaped and killed Whipple in January 26, 2001.
Knollers dogs, Bane and Hera, growled, chewed and maneuvered with apparent signs of aggression and unstable temper during several instances even before the animal attack. Bane was immediately put down after the assault. Although Heras participation in the mauling was not strongly established, it was also compounded and put down in January 2002.
Each year, about 4.7 million Americans, 750,000 of whom are children, become casualties of dog bites. A million of them require medical care. Family pets and neighbors dogs, and not strays, are the offenders in most of such cases. More unfortunately, between 15 to 20 people every year lose their lives because of dog bites and maulings. If you were hurt because of dog bite or any animal attack, you may have the right to receive compensation for the medical expenses, physical injury, emotional trauma and other damages you endured.
If you have been injured as a result of a dog bite or animal attack, please visit our website www.unifiedinjury.com and complete one of our free, personal injury case evaluation forms.
Once you have completed this dog bite case evaluation form, we will put you in contact with a dog bite lawyer who will examine your case and advise you and guide you on what to do next.
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