Husband Wants His Kidney Back from Wife
Dr. Richard Batista, a surgeon in New York, met his wife, Dawnell Batista, when he was working in a hospital and she was training to be a nurse. They married in 1991 and had three children together.
In 2001, Dawnell needed a kidney transplant. Richard donated one of his.
A couple of years later, Richard claims Dawnell started an extramarital affair. She sued for divorce in 2005 and they have been battling it out since then.
Richard, apparently frustrated by a lack of progress in the negotiations, held a press conference and demanded his wife return his kidney. Alternatively, he will agree to settle for $1.5 million in compensation for his loss.
New York divorce attorneys don’t give him good odds of winning this one.
Source: USA Today
Tags: Affair, Batista, Divorce, kidney transplant
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January 9th, 2009 at 2:17 pm
Sounds like a law school exam question: Analyze whether a kidney is marital property or a gift. How are the court determine market value as a kidney can’t be sold. What if you give a kidney to your paramour, are you dissipating property then?