Man demands ex give back the kidney he gave her or fork out £1.2million

Man demands ex give back the kidney he gave her or fork out £1.2million
I'm a divorce lawyer — horse semen is just one of my …
New York Post / VideoElephant

Divorces can get messy, there's no doubt about it. Disagreements often take place over houses, possessions, and in some cases custody of children. But have you ever heard of a divorce proceeding surrounding a kidney?

Well that's what happened when one man's divorce legal proceedings took an unusual route, after he provided his wife with a kidney.

But when his wife filed for a divorce, Dr Richard Batista told his now former partner, Dawnell, that she must return the kidney or give him £1.2 million.

Dr Batista claimed that his marriage to Dawnell had already been on the rocks as a result of his wife's medical issues - but that didn't stop him donating his kidney to her in order to save her life.

He later explained that he saw the donation as a way to save his marriage.

Speaking to reporters at the time, Dr Batista said: "My first priority was to save her life. The second bonus was to turn the marriage around."

Whilst the procedure ended up saving Dawnell's life, it unfortunately did not save the marriage, as she filed for divorce in 2005.

Dr Batista called subsequently accused her of having an affair, which lead him to make an extraordinary request of a £1.2 million settlement or for his donated kidney to be returned.

Unsurprisingly, the offer was a non-starter on medical grounds.

Medical ethicist Robert Veatch said at the time: "It's her kidney now and ... taking the kidney out would mean she would have to go on dialysis or it would kill her."

The Nassau County Supreme Court rejected his request, ruling that the kidney was a gift. Dr Batista did not get his kidney, nor the compensation he asked for.

"The defendant’s effort to pursue and extract monetary compensation therefore not only runs afoul of the statutory prescription, but conceivably may expose the defendant to criminal prosecution,” matrimonial referee Jeffrey Grob said.

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