SAN FRANCISCO (AP) — The partner of a woman fatally mauled by two dogs in January filed suit Monday against two lawyers who were caretakers of the animals, hoping to prove the caretakers' negligence as well as set a precedent for gay rights.

Sharon Smith's wrongful death suit alleges that Robert Noel and Marjorie Knoller were negligent in their handling of the two Presa-Canario mastiffs that attacked and killed Diane Whipple in the hallway of her apartment building.

"The issue of whether someone in Sharon's position can bring a wrongful death suit has never been addressed by a California court," said Kate Kendall, executive director of the National Center for Lesbian Rights. "We are confident that the answer in this case will be yes."

Previously in the state, only legal heirs — spouses, children and parents — have been able to file wrongful death suits.

"Diane was my partner and my best friend," a tearful Smith said at a news conference following the filing. "This death didn't have to happen and I want to do everything possible to make sure the people responsible are held responsible."

Smith said she is the beneficiary of Whipple's will, which Whipple wrote in 1997. "It is clear that Sharon was a spouse and is now ... a widow," Kendall added.

A telephone message left with Noel and Knoller was not immediately returned Monday evening.

In mid-February, Noel said he was not worried about a potential suit by Smith: "My understanding is that Ms. Smith wouldn't have standing under the wrongful death statute."

Smith said any financial award from the suit would go to support a nonprofit women's lacrosse foundation recently created in honor of Whipple, 33, who coached lacrosse at St. Mary's College near San Francisco.