Created Wed 7th Jan 2009 2:29pm PST by

kruijs [Power User]

Divorce kidney, where will it end?

Settled as Kidney in Dawnell, Dawnell does not pay a ransom

The court has rejected the compensation claim for the kidney, therefore no ransom will need to be paid or kidneys removed
http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202428602506

Background:

Background: When his wife needed a kidney transplant, Dr Richard Batista gave her one of his, attorney Dominic Barbara said.

Now that Dawnell Batista has filed for a divorce, Richard Batista wants his kidney back as part of his settlement demand. Or, Barbara said today, his client wants the value of that kidney: An estimated $1.5m (£993,000).

The case is being heard in Supreme Court in Mineola, New York.

Medical ethicists agreed that the case is a non-starter. Asked how likely it would be for the doctor to either get his kidney back or get money for it, Arthur Caplan at the University of Pennsylvania's Centre for Bioethics, put it as "somewhere between impossible and completely impossible".

http://www.guardian.co.uk/world/2009/jan/07/kidney-divorce-new-york

Settlement details:As reported by a major mainstream news source.

Forecast history %

Kidney in Dawnell, Dawnell pays a ransom

Kidney in Dawnell, Dawnell does not pay a ransom

91%

Kidney in Richard

Kidney not in Richard nor in Dawnell

Settled as Kidney in Dawnell, Dawnell does not pay a ransom on Fri 27th Feb 2009 8:11am PST

Activity: H$20,619
Predictions: 180
Comments: 14

Suspend date: Fri 7th Jan 2011 11:59pm PST (47 weeks to go)
Settlement date: Fri 27th Feb 2009 8:11am PST
Prediction cut-off: Predictions on this question after Thu 26th Feb 2009 11:59pm PST have been voided because they were made after the question could be settled

Initial likelihoods: Kidney in Dawnell, Dawnell pays a ransom: 5%, Kidney in Dawnell, Dawnell does not pay a ransom: 85%, Kidney in Richard: 5%, Kidney not in Richard nor in Dawnell: 5%

Action history:

Created Wed 7th Jan 2009 2:29pm PST by

kruijs [Power User]

Settlement requested Thu 26th Feb 2009 7:43am PST by

camicalm Level 13, Psychic (H$93,332)

: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202428602506

Settlement requested Fri 27th Feb 2009 7:19am PST by

buckeyetom Level 17, Superdubber (H$1,702,867)

: Settle as:
Kidney in Dawnell, Dawnell does not pay ransom.

Source:
http://www.10news.com/health/18809114/detail.html

Settled as 'Kidney in Dawnell, Dawnell does not pay a ransom' Fri 27th Feb 2009 8:11am PST by

ryanj

: The court has rejected the compensation claim for the kidney, therefore no ransom will need to be paid or kidneys removed
http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202428602506

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Predictions (180)

51 weeks ago

mattsnever Level 12, Guru (H$33,723)

predicted Kidney in Dawnell, Dawnell pays a ransom (H$50 at 7%)

1 year ago

silvermchic Level 8, Super-Pro (H$7,484)

predicted Kidney in Dawnell, Dawnell does not pay a ransom (H$500 at 91%)

1 year ago

tophatchick Level 8, Super-Pro (H$7,020)

predicted Kidney in Dawnell, Dawnell does not pay a ransom (H$50 at 93%)

1 year ago

afrojen Level 4, Whiz-kid (H$1,369)

predicted Kidney in Dawnell, Dawnell does not pay a ransom (H$100 at 93%)

1 year ago

teddybare Level 7, Pro (H$4,696)

predicted Kidney in Dawnell, Dawnell does not pay a ransom (H$450 at 93%)

Comments (14)

deanthoreau

you can buy a kidney in india for 10 thousand USD.... tell the wife to go buy one and have it mailed to him...FEDEX of course!

posted 1 year ago

bgrigore Level 18, Megadubber (H$2,822,059)

I doubt this is a first. Sound familiar, just not sure if it was crime, trial or soap opera.

posted 1 year ago

capecodviking [Power User]

Why isn't settlement out of court an option available here?

posted 1 year ago

ryanj

If it's settled out of court but a 'ransom' is still paid, even if it's out of court it won't affect settlement. Although from the story it doesn't look like it will play out that way

posted 1 year ago

kruijs [Power User]

capecodviking: it does not ask what the result of the court is. it just asks where the kidney ends up.

posted 1 year ago

bigken1 Level 15, Seer (H$382,149)

Wow, how do they get these cases? Great question kruijs. I think court would likely classify the kidney as a gift, not a loan. As the kidney cannot easily be a loaned item... What about an exchange of a kidney at the butcher's or a kidney shaped swimming pool? Well, anyway, the world is getting more and more complex with all the innovations..People's hearts and kidneys are still the same..

posted 1 year ago

james_money Level 1, Newbie (H$41)

Good question. I feel bad for the guy though. I guess a case could be made for the woman but it seems incredibly jacked up to take his kidney and then slap him with divorce papers, he saved her life.

posted 1 year ago

frogchop Level 18, Megadubber (H$2,603,199)

This is what I hate about divorce. I've gone throught it twice myself and somehow it forces you into hating someone you once loved enough to give them your heart (or in this case your kidney). I'm certain the ransom idea was an attorney's, not the husband's.

posted 1 year ago

oppugner Level 14, Prophet (H$118,435)

Does "ransom" include increased access to his kids?

"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."
http://www.news.com.au/story/0,27574,24886807-401,00.html

posted 1 year ago

buckeyetom Level 17, Superdubber (H$1,702,867)

I agree with bigken1. The initial implication is that the kidney was a gift.

posted 1 year ago

james_money Level 1, Newbie (H$41)

It will probably be seen as a gift but when a family member says "I need this or I die" it's not exactly Christmas.

posted 1 year ago

james_money Level 1, Newbie (H$41)

Oh ya, unknowing to the husband, she was having an affair when she received the kidney. What a b@#$%.

posted 1 year ago

ironman288 Level 12, Guru (H$38,097)

i would go to a butcher and buy him a pig kidney....

posted 1 year ago

saadhusain Level 8, Super-Pro (H$6,915)

Batista becomes a Doctor.
Batista marries his wife, a nurse.
They have 3 children.
He gives her his kidney.
She has an affair.
She files for divorce.
She prevents him from seeing his kids
He files he wants 1.5M for his kidney in order to prevent her from getting her money grubbing hands on his house.

Man Wants Kidney Back from Cheating Wife
http://www.youtube.com/watch?v=uyODSTlqqbo

Man Wants Kidney Back from Cheating Wife
http://www.youtube.com/watch?v=uyODSTlqqbo

posted 1 year ago

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