Divorcing husband wants kidney back

She's looking really bad right now, but I wonder if throughout their marriage, had he cheated on her and done her wrong, but it hasn't come out yet!!! Men take cheating much harder, than women, and even if he had cheated in the past, how dare she do the same.

Maybe he was working a lot and not always around.
 
Maybe he was working a lot and not always around.


That's true, but most Doctors do have a rep for being cheaters, and the article did say they were having marital problems before the kidney transplant. For her to do that, I'm sensing, and I could be wrong, that he wronged her first. I have a feeling that the media is leaving something out and making her look bad, but that's just my opinion:yep:
 
There are certain things you can't get back in life and especially relationships/marriage, one being organs and the other time.
 
More Info

Dr. Richard Batista, a local doctor who donated his kidney to his wife, claims he had no idea his wife was having affair at the time he gave her the gift and now wants it back as part of the couple's divorce. He also said he would accept monetary damages instead, which experts estimate at $1.5 million. "She slapped me with divorce papers when I was in surgery trying to save another person's life," he told the newspaper. He says he is only suing Dawnell to get to her act reasonably in the divorce case, claiming she is restricting access to their children, aged 8, 11 and 14.

She was cheating on him at the time he gave her the kidney? This woman is a low life. I'd want my kidney back too.

She'd better hold on to that kidney, because she will not be getting another one.
 
A little off the subject, and you know, a little *off*

but. . . er. . .

she was on dialysis and had three young kids and a husband and she still managed to get a date. Single ladies, anything is possible.
 
A little off the subject, and you know, a little *off*

but. . . er. . .

she was on dialysis and had three young kids and a husband and she still managed to get a date. Single ladies, anything is possible.

Lol!!

She was a doctor's wife. She probably had help with the kids and the household, and too much free time on her hands. :drunk:
 
A little off the subject, and you know, a little *off*

but. . . er. . .

she was on dialysis and had three young kids and a husband and she still managed to get a date. Single ladies, anything is possible.

Well Damn Gurl!!! You aint NEVA lied! :up:

:lol:
 
That's true, but most Doctors do have a rep for being cheaters, and the article did say they were having marital problems before the kidney transplant. For her to do that, I'm sensing, and I could be wrong, that he wronged her first. I have a feeling that the media is leaving something out and making her look bad, but that's just my opinion:yep:

True. It happens. Makes it more sensational.
 
Hes trying to humiliate, control her with this mess... makes me wonder what their marriage was like..
 
I would give him STRAIGHT asz to kiss on that "give me my kidney back" request. Hand on black, can't get it back!

But seriously - just going on the info we've been presented (even though we know there's always 3 sides to every story), the wife is such a low life. Who does that? Seems kind of evil to me.
 
You could tell he was very hurt over him cheating on her. She was supposedly screwing some physical therapist. Trollop.
 
But what the heck is he going to do with it? Slap it back in....:nono:
Carry it around in his pocket? This should be thrown out as a frivolous lawsuit...:wallbash:
 
Man I kinda feel bad for the husband. Although what he is asking for is a little extreme, I understand the rationale behind it. She was having an affair on her husband who gave her a kidney? That's a cold female right there. Why not ask her lover for a kidney instead? He should get paid.
 
I wonder how different the responses would be if it were the women who had given her kidney to her husband and he cheated on her and left her?
 
You could tell he was very hurt over him cheating on her. She was supposedly screwing some physical therapist. Trollop.

this morning I read a comment on a blog about this case...

he said, the physical therapist had the ORGAN she needed...:lachen:(thats whats really gotten under hubsters skin)
 
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It doesn't sound like a conditional gift. Yep, awarding this would give monetary value to organs....he and his lawyer need a slap upside the head.
 
Could he claim, instead of trying to get the kidney back, that he gave the kidney to her under a fraudulent assumption? That he should be compensated for his time, recovery, undergoing the procedure....but all that would be considered joint assets no, so that would be hers too? Poor man.
 
He's not getting anything for the kidney. It's called organ donation, so he donated it meaning he gave it free of cost expecting nothing back in return...

Either cut it out or keep it moving...
 
Could he claim, instead of trying to get the kidney back, that he gave the kidney to her under a fraudulent assumption? That he should be compensated for his time, recovery, undergoing the procedure....but all that would be considered joint assets no, so that would be hers too? Poor man.

See I think there is no fraudulent assumption because he was a match. In essence he gave her the kidney because he was a match and he loved her, not that she was his wife. Now if he was lied to about being a match and he donated his kidney and it went to someone else- maybe there would be some pain and suffering.
 
Could he claim, instead of trying to get the kidney back, that he gave the kidney to her under a fraudulent assumption? That he should be compensated for his time, recovery, undergoing the procedure....but all that would be considered joint assets no, so that would be hers too? Poor man.


Assumptions dont matter when it comes to gifts, right? No consideration and no mutual assent needed. All that matters is his intent for the kidney to be a gift. And like you said, all of the recovery costs would be included as marital debt for the purposes of equitable distribution.

This would make a great hypo for a law school exam. Glad I am almost done! LOL
 
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