Have the divorce, I want my kidney back
Love this one.............Wonder if he'l win ?
A doctor is demanding his pound of flesh from his soon-to-be-former wife as part of their divorce.
Richard Batista, a surgeon who split from his wife claiming that she had an affair, is asking that she now return the kidney that he gave her. “I saved her life and then, to be betrayed like this, is unfathomable. It's incomprehensible,” Mr Batista said. “I feel humbled and betrayed and disregarded. This divorce is killing me.”
Mrs Batista, 44, a doctor's assistant, had her first kidney transplant as a baby, with her father acting as the donor. She tried again years later with a kidney donated by her brother, but her body rejected both organs.
Doctors then discovered that Mr Batista's kidneys were a 1-in-700,000 match, and in June 2001 he gladly donated one, allowing her to skip a waiting list of 6,748 people awaiting kidneys in New York State.
“She was my wife. My priority was to save her life, save her life and future of our children and hopefully with that in mind keep the marriage alive,” he told a press conference.
“When I donated ... the next day I was on my feet going down the hallway to visit her in the adjoining room - there was no greater feeling on this planet. I did the right thing for her to this day. I could still do it again.”
The transplant certainly gave Mrs Batista a new lease of life. She went back to college to earn a master's degree in nursing and took up karate, but Mr Batista claimed that she repaid his kindness with infidelity. He said that she had an affair with a physical therapist that she began seeing after she injured herself while working towards her black belt. The therapist has denied the allegation.
“It put a hole in my heart that still exists,” Mr Batista said. “To this day, I'm a man of pride. To be betrayed that way, humiliated - I can't even begin to say.”
He said that the unpleasantness of their divorce began on the first day of proceedings, when she served him with papers while he was in surgery.
He accuses his wife of denying him access to their three daughters, aged 14, 11 and 8, and is demanding $1.5million (£1 million), which he claims the kidney is worth. “As part of the litigation, we are asking for the value of the kidney that he gave his wife,” said Dominick Barbara, his lawyer. “In theory we actually asked for the return of the kidney.”
Times
you are absolutely correct eaglemmanuel... but hasten to add that the value of compensation you referred to is based on limbs or organs injured or damaged due to work hasard situations and torts. I think the advocate is playing it safe for his client and seeks compensatoy damages to cover all forms allowable under the books. The article probably played it along also to generate public interest...
rimlaw... however, she have also ruined this mans life by doing such thing...
Ok, he did a great thing by giving her the kidney, and I think it is a little nuts to ask for it back.
Perhaps he is a bit of a prat himself, figured he found a woman to put up with him so he better do all he can to keep her alive lol...
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"Diplomacy is the art of saying 'Nice doggie' until you can find a rock - Will Rogers"
very bed
Oryx & britexpat, I'd want the kidney back too, that ingrate!
/But rimlaw is right in the sense that a vital organ is not a "thing" and the donation cannot be revoked.
But it's NOT erroneous for the advocate to claim literally for the subject matter and because the advocate is aware of the possible interpretation by the courts, there is the alternative prayer for compensation with the quantum of damages assessed at $1.5million (£1 million), presumably supported by evidence from legal textbooks and relevant cases in the jurisdiction in which the case is filed, I'm sure you know, rimlaw.
Below is just an example -
http://www.injuriesboard.ie/eng/Forms_and_Publications/Book_of_Quantum.pdf
Total loss of one kidney €43,100 to €84,900
/But I dunno how they arrived at the 1.5mil quantum, probably added some other heads of damages. It all depends on their proof. Pain, suffering, loss of enjoyment of life, etc. Can't say because we have insufficient information. Cannot draw any conclusions based on mere conjecture
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Don't want no drama,
No, no drama, no, no, no, no drama
PEACE BE UPON YOU,good boy foolish lol
no at all fair with him.
now I have to agree just not to start an argument with you...lol peace..
PEACE BE UPON YOU,FOOLISH WOMEN ARE HARD TO SATISFY SOMETIMES BUT MEN ARE HARD TO SATISFY MOST OF THE TIME,AND NO DOUBT THAT MEN CHEAT MORE THAN WOMEN
how sad.......
what a b**ch that wife be, women really are difficult to satisfy...
A donation once consummated is "fait accompli" in law with a single exception, i.e. "ungratefullness" and the donor can revoke the donation only on this basis. This is true both in civil and common law, and under sharia rules.
The subject of donation as contemplated by law is a "thing" within the commerce of men and not prohibited by law. A vital organ, in my view, is not the "thing" within this contemplation since a donation of this nature cannot be undone even in the overwhelming face of ungratefulness. It is, therefore, erroneous for an advocate, as reported in the article, to put the theory of his case along this premise.
The US Court hearing this plea will not set a good precedent in common law (this being a US case) if the prayer of the complainant is granted. Donating a vital organ transcends beyond the commerce of men, and should not be the subject of any pecuniary valuation.
Complainants in divorce proceedings can seek alternative relief in the form of damages for wrongful acts, and the advocate can very well argue on "sleepless nights", "bismirched reputation", "wounded feelings" and "extreme ungratefulness", and Courts often grant relief to bring the message accross.
If the B*tch two timed me, then I woulkd want the kidney back too..
A lesson learnt, aside from pre marriage councelling, medical test first before marriage he he..
"There's nothing we can do to change the past, if it teaches you a lesson profit from it then, forget it."
wonder now if prenuptial agreements will include clauses that have reference to donated body parts...
Grant me the senility to forget the people I never liked,the good fortune to run into the ones I do,and the eyesight to tell the difference.
after readin dis ........lol
Hell has no fury like a woman scorned... wait... huh???
They call it the American dream because you have to be asleep to see it... --George Carlin
I have been waiting for you to post this one Brit...
me I would want the kidney back....
what about you Brit?
WOW..a kidneyis worth alot..
but come on..
I know its heartbreaking...
i mean cheating my husband who donated his kidney to save my life??
boy..isn't she in a tough situation..
God be with them..