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Man Sues Estranged Wife For Return of Donated Kidney

Posted by samzenpus on from the you-break-my-heart-I-take-your-kidney dept.

Richard Batista, 49, is suing his estranged wife, 44-year-old Dawnell Batista, for the return of a kidney he donated to her in 2001 or the sum of $1.5 million. After discovering that his wife had an affair with her physical therapist in 2003, Mr. Batista lost that loving feeling and now wants the organ back. "I saved her life and then to be betrayed like this is unfathomable. It's incomprehensible," he told the Post. "She engaged in an extramarital affair and refused to go to marital counseling and reconciliation."

15 comments

  1. No court would support this lawsuit by JoshuaZ · · Score: 1

    You can't force people to give up their bodily integrity. When I see this sort of thing I have to wonder what sort of advice the individual is getting from his lawyer.

    1. Re:No court would support this lawsuit by alanshot · · Score: 1

      I dont think its so much actually wanting said organ back, as much as its laying the precedent (if thats the correct word) for the basis for his monetary demand.

      I am sure he doesnt expect her to give back the organ, but is asking for it first shows what he REALLY wants, but will settle for somethign else comperable instead since thats not feasible.

      Its like the restaurant owner asking for the food back or the bill to be paid when he discovers you dont have any $$. He knows he cant get the food back, so the question is more academic than anything.

    2. Re:No court would support this lawsuit by Anonymous Coward · · Score: 0

      No. It's like the restaurant owner giving you a free meal, then demanding a year later that you pay for it. He gave up ownership of the kidney. He has no further claim on it. Case closed.

    3. Re:No court would support this lawsuit by MrMista_B · · Score: 1

      Sure he can get the food back!

      It... just won't look the same. Not even a little. Oh bleargh.

    4. Re:No court would support this lawsuit by Anonymous Coward · · Score: 0

      Tell that to the 'pro-life' crowd.

  2. Lame case by BB128 · · Score: 2, Insightful

    If I had to guess, he's probably suing mostly out of hurt and spite, just to mess with her. Unfortunately, he's wasting my tax dollars making his stupid point.

  3. well.. by Anonymous Coward · · Score: 0

    I figure he can waste tax payer money by dragging her name through the dirt and getting some much deserved bad looks, OR, he can waste tax payer money when he goes to jail when he does something violent with the obvious rage he has. Either way, sounds like she has something coming to her.

  4. Take back something donated? by iammani · · Score: 1

    Since when can someone, at will, take back something they have *donated*. You donate something, its no longer yours.

    Let me see the guy try this with, say, Gates Foundation.

    1. Re:Take back something donated? by crossmr · · Score: 1

      When the donation is made under false pretenses.

    2. Re:Take back something donated? by NiceGeek · · Score: 1

      Can you prove it was made under false pretenses? The donation was in 2001, the affair was in 2003. Things happen.

    3. Re:Take back something donated? by crossmr · · Score: 1

      I'm going to guess their wedding vows and expectation of marriage which is what the donation was made under included a no-cheating clause...

  5. Preferences by drewvr6 · · Score: 1

    Maybe she preferred that organ over another of his.

    --
    Now we see the violence inherent in the system.
    1. Re:Preferences by Anonymous Coward · · Score: 0

      Maybe she preferred that organ over another of his.

      Hhahahah, perfect. Perfect.

  6. re: "Mr. Batista" by Anonymous Coward · · Score: 0

    It's "Dr. Batista". He's a vascular surgeon.

  7. And Products Thereof by Anonymous Coward · · Score: 0

    He should go for the whole enchilada.