Dr. Richard Batista, 49, and his wife Dawnell Batista, 44, are finally splitting up. The messy divorce involves the division of assets, but there is one thing that Dr. Batista insists on getting back: his kidney. He gave his kidney to his wife in 2001. She then took the kidney and allegedly had an affair behind his back — and in front of his kidney. He wants the kidney or $1.5 million in payment for it as part of the divorce. It is either divorce or dialysis for Dawnell.
Dr. Batista alleges that his wife started an affair with her physical therapist in 2003 after recovering from a karate injury.
His demand would make for an interesting version of a severance motion. Obviously, he does not expect to the court to order surgerical compensation, though it would be interesting to see what he would do with the compensation.
Of course, the kidney was also part of the affair when the court considers the disloyal claims. If there is enstrangement here, the kidney is not blameless.
They are also fighting for the kids, but the kidney is also up for grabs.
For the full story, click here.
This sounds sleezy and seems like he should get the 1.5 mil but there’s some odd information in the story which is too short to come to a good conclusion. He said she would not allow him to see the kids since 2005. That seems like an very long time, What’s going on with that and how does it possibly relate to the breakup of this marriage?
From the article: “[Batista} said his wife, Dawnell Batista, started running around behind his back with a physical therapist she met in 2003 while recovering from a knee injury she suffered during karate lessons.”
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Well at least the doctor knows his kidney is in good shape. The knee and likely other anatomical parts now–not so much. Raise the asking price I say.
“Heaven has no rage like love to hatred turned, nor H*ll hath no fury like a woman”…with her husband’s kidney.
This just has to go down in the annals of jurisprudence and love as precedent setting.
One thing is for sure and for certain; she has him by the…kidney; legally and figuratively.
I cannot see how there are any real winners—legally or otherwise—in this case. I sure have sympathies for their 3 daughters who must witness the dark side of ‘love’; when love has turned to hate.
We humans are something else…
How can the woman’s replacement kidney be considered marial property?
Since it is non-marital property, he can’t be successful in trying to recoup the kidney. If he has no legal claim on the alleged asset kidney, he has no valid claim for the money. Do we have any family law practioners who can clear up this issue for us?
Mrs. Batista does not have a viable organ to give back due to the transplant drugs. Dr. Batista could forgive her… to human.
Doesn’t federal law ban any payment for donated organs? Since Dr. Batista probably does not expect to have the actual kidney returned physically to him, he is, in effect, requesting an illegal payment for the donated kidney.
Hank Williams wouldn’t know where to begin writing a song about this.
And I thought my ex was an ungrateful B. Yeah, he should forgive her, but he should (and likely will) pummel her with the legal stick as much as possible. Why? It’s human nature to lash out at those who harm you and suing her is better than beating her. He gave her life. Not a fancy car or flashy bling, but LIFE. At least life without dialysis. That’s true love and she repays him how? Getting hammered in court is the least punishment she should have to contend with for her unfaithfulness. Hopefully life will teach her the rest before she screws up anyone else’s life or anatomy. Or she pisses off someone who’d just go straight to the kill her option for doing something like this.
Did I mention the word “skank”? I probably should have.
Pummeled with the legal stick, ouch. Dr. Batista best be vigilant. When Mrs. Batista tells her version, our perceptions may change. Leading to dueling hammers in court and the press, ouch again. Pretty amazing the dramas we agree to create. And yes for sure FF LEO, the daughters are harmed by this. Can’t have a winner when the adults disagree so bitterly.
True. You’ll see more of the worst in human nature in a family court proceeding than in many criminal courts. It’s going to be ugly and damaging regardless of outcome.
@ marie:
Here a a good discussion and different perspectives regarding your question, how the world treats ‘organ sales’, and what the compensation the Dr. is requesting actually represents.
{Quote}
“Politicians have tried to rein in this market. The United States banned organ sales two decades ago. India did the same in 1994, and China followed last year. But when lives are at stake, rules get bent. To procure more organs, doctors have discarded brain-death standards, donor age limits, and recipient health requirements. States have let transplant agencies put patients on life support, contrary to their living wills, to preserve their organs. If Congress revises its ban on organ sales, as some advocates hope, lawmakers in South Carolina plan to offer prisoners reduced jail time in exchange for organs or marrow.” {End Quote}
slate.com/blogs/blogs/humannature/archive/2009/01/08/your-money-or-your-wife.aspx