Lawsuit of the Day: My Toxic Love
Getting a divorce is never a quick fix, even for a surgeon. You have to divide up the money, the property, the kids, the kidneys.
A Long Island surgeon embroiled in a nearly four-year divorce proceeding wants his estranged wife to return the kidney he donated to her, although he says he’ll settle for $1.5 million in compensation.
If you grew up on Long Island, home of Lorena Bobbit, this story makes perfect sense.
If you grew up on Earth, it gets a little weird:
He said he gave his kidney to Dawnell Batista, now 44, in June 2001. She filed for divorce in July 2005, although he claims she began having an extramarital affair 18 months to two years after receiving the kidney transplant, his attorney, Dominick Barbara, said.
I’m not sure I agree with the good doctor’s tactic. See, if my wife had an affair, I’d want the other guy’s kidney … or liver. Or severed head on a pike that I’d display on my balcony.
But I guess I can understand the desire to send a (former) loved one into toxic shock and/or have $1.5 million.
Sadly, basic human decency the law is not on his side:
Manhattan attorney Susan Moss said, “The good doctor is out of luck and out a kidney. This is similar to cases where a husband wants to be repaid for the cost of breast implants and the such. Our judges are not willing to value such assets, so to speak.”
Good thing that kidneys are internal organs, because you know how they roll on “Strong Island.”
Surgeon Sues Estranged Wife for Return of Kidney [Law.com]
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Comments
LAST!!!
Lorena Bobbit grew up in Virginia, not Long Island.
Lorena Bobbit grew up in Virginia, not Long Island.
Lorena Bobbit grew up in Virginia, not Long Island.
Don't worry Elie, you'll never have to worry about having a wife. Don't try to pretend you are one of us.
I was waiting for this story to be posted. Opie and Anthony were talking about it this morning. Funny shit.
Being 1st is getting too easy. I've been first all day today. I guess this shows how busy I am.
Anyway, I give up. Someone else should go first.
-guy who yells "Last!!!" when everyone else yells "First"
OK, I am going on record here. Good story by Elie. Well written and funny. Way to go, Fat Boy.
Of course, nobody is talking about what a great deal the 2nd guy gets here - he gets to f*ck this chick, then right about the time when she wants to divorce her husband and settle down with him, she has her kidney taken back and dies. Perfection.
"Sadly, basic the law is not on his side"
Perhaps not according to random lawyer pundit interviewee.
What does that quote even mean? Punditlady says: "This is similar to cases where a husband wants to be repaid for the cost of breast implants and the such. Our judges are not willing to value such assets, so to speak"
In the hypothetical situation, the husband isn't asking for the implants; he wants reimbursement for what he spent. It's not hard to "value" that---just get the medical bills.
Her overall point may be right, but her example doesn't help at all.
You cut up his brain you bloody baboon!
She probably had kidney failure from complications from pregnancy. (They had 3 kids.) But I doubt he plans to compensate her for 27 months of pregnancy, labor, delivery, stitches & recovery, nursing. He's a dirt bag.
/Lady ATL commenter
Take your stinking paws off his kidney, you damn dirty ape!
"Dominick Barbara" -- is he the guy that used to be featured on Howard Stern?
Dawnell Batista
Dominick Barbara
Elie, what are some examples of external organs?
14 -- Yes
#5 you sound like a real assface. I bet your wife is ugly.
Elie -- You are not allowed to eat that kidney. That is her kidney.
Is 12 the most retarded person alive?
let's see. She
1. Makes a completely ludicrous leap of logic (she had three kids, therefore her kidney failure was probably the result of complications from pregnancy).
2. Throws out a complete non-sequitur, and an illogical one at that. (why would one spouse compensate the other for any random inconvenience suffered while in the relationship? Maybe the husband spent hours and hours commuting to and from work each day. Maybe it was uncomfortable. Maybe it gave him a bad back! Should the wife compensated him for it? Then why should the husband compensate her for the incidentals of pregnancy?)
3. Calls this guy a dirt bag when SHE IS THE ONE DIVORCING THE MAN WHO GAVE HER A KIDNEY.
Don't forget about Amy Fisher and Joey Buttafuco - - also from Long Island!
I'm really annoyed that this story completely mocks Long Island on the basis of the Bobbitt story that had NOTHING to do with Long Island. I never commented before about MysTTTal's crappy proofing or writing, but these facts are just WRONG. How long will ATL let this go on?
Is 12 the most retarded person alive?
let's see. She
1. Makes a completely ludicrous leap of logic (she had three kids, therefore her kidney failure was probably the result of complications from pregnancy).
2. Throws out a complete non-sequitur, and an illogical one at that. (why would one spouse compensate the other for any random inconvenience suffered while in the relationship? Maybe the husband spent hours and hours commuting to and from work each day. Maybe it was uncomfortable. Maybe it gave him a bad back! Should the wife compensated him for it? Then why should the husband compensate her for the incidentals of pregnancy?)
3. Calls this guy a dirt bag when SHE IS THE ONE DIVORCING THE MAN WHO GAVE HER A KIDNEY.
"See, if my wife had an affair, I'd want the other guy's kidney ... or liver. Or severed head on a pike that I'd display on my balcony. " -- I disagree. The other guy didn't take a wedding vow. His wife made a commitment and broke it. He saved her life, and she is leaving their marriage. Can't say I blame him for wanting something in return.
@16
Your skin is an example of an external organ.
- Not Elie, but took and passed HS Biology
QUANTUM MERUIT
Dominic Barbara also represented Joey Buttafuoco, FYI.
25, is that organ is danger of being taken away by force since that's apparently how they roll on so-called "Strong Island"?
He should ask for all his sperm donations back too while he is at it.
Ok Ellie, you disgusting fat body. Why on earth would you think that Lorena Bobbit was from Long Island, being a Long Islander yourself. EPIC fail. We should all be doing pushups while we watch you eat a jelly donut.
Hey Elie,
When are you going to become a real journalist and report on important stuff?
Like the fact that Sunstein got tapped for a high-level govt. post and HLS is out another prof.
Come on Elie!
is Cahill having layoffs?
I blame Hofstra for this run on kidneys. They lost their dignity, now they want our organs?
@28
That was not the question that was asked. The question was "what are some examples of external organs", so I gave one obvious and glaring example. You asked a stupid question in an feeble attempt to make Elie look dumb, and you got an answer that is obvious to those of us who passed HS Bio. Don't attempt to change your argument now.
- 25
is Cahill having layoffs?
You see, the difference between Lat and Elle is that Lat would have made this story funny and interesting.
I think a Tulane student just stole someones kidney.
35. No, I heard twins.
There goes that annoying "are there layoffs at Cahill" guy again.
34, if you cannot see the obvious follow up question about the internal/external distinction, once Elie tells us of external organ examples that obviously cannot be taken away, you are beyond hope.
BITCH SPREAD DEM BUTTCHEEKS SO I CAN REACH IN DEEP AND GETS MY KIDNEY!
37. Bastard!
stop hating on long island. when you learn how to write like a semi educated person, then MAYBE you can talk shit about long island.
lol @ 41
Lindsay Lohan, Debbie Gibson and Joel Rifin are from Long Island too! So is Craig Biggio! So is Billy Joel! Guess who's not from Long Island? Lorena Bobbit!
I'm from Long Island and am not a huge fan of LI, and never let up the opportunity to bash Long Island. However, I feel the need to defend LI in this instance: the LORENA BOBBIT STORY DID NOT OCCUR ON LONG ISLAND. It occurred in Virginia.
What kind of trash writing is this?
43. Wow. What's eating you today? The Camaro giving you troubles again in the Applebees parking lot after work?
41 -- relevant, disgusting, completely objectionable
JC
I'd gladly give up my kidney to get rid of my wife. I mean, she already has my testicals, I might as well throw in the kidney as well.
I hope you wear a glove, 41. Also, probably not the best way to get access to the kidney.
30> 41
But you have to give him credit, the buttcheeks guy has really spawned quite the imaginative following
He should get visitation rights.
Buttcheeks (imitator) is more right than he knows.
Transplated kidneys are placed in the groin area, not in the original location of the organ. So suggesting a rear access is not that far off the mark.
If the guy had REFUSED to donate a kidney to his wife, when no other donation could be found, would he be liable for harm that occurs as a result because we have a legal "duty to rescue" our spouse?
41 = Sanjay Gupta
40 is an idiot. Just give up and admit you got pwn3d.
what an ingrate whore...she deserves whatever she gets
Wait, what's this I hear about layoffs at Cahill?
49 is the credited response
53-- There is no way some Indian doctor is shoving a kidney up my ass.
Concerned citizen
20/23
It's not much of a leap - pregnancy is very hard on the kidneys, she has an eight year old child as per the article, and got the kidney transplant 7.5 years ago, also as per the article.
The point is the woman made huge bodily sacrifices for the marriage, he wants to be compensated for his.
And yes, the guy sounds like a complete dirt bag to me from the article and the other ones I've read.
/12
I think she should find someone else to donate a kidney to her. Then take his out and fedex it back to him. This way he gets nothing except a bloody box.
Wait, what's this I hear about layoffs at Cahill?
ass kidneys = TTT
Can law firms freeze kidneys like salaries and then harvest them later?
Gary Dell'Abate = TTT (Ta Ta Toothy)
Dominick Barbara!
Baba Booey!
Baba Booey!
BITCH SPREAD DEM BUTTCHEEKS AND GET THOSE GOD DAMN TUBES TIDE!
It is my strong belief there are firings going down at Cahill.
When I have sex with a woman, I usually pierce her kidneys. Sorry about that - Dawnell's boyfriend.
When I have sex with a woman, I usually pierce her kidneys. Sorry about that - Dawnell's boyfriend.
68 -- would you like to add fabric softener, too?
Mayday Mayday!! I'm on fire! I'm on fire!
yeah, the wife had kids, and in terms of spousal maintenance she'll be compensated for the pregnancy and subsequent raising of the children. somehow society is able to put a value on that. why can't society also put a value on the kidney he gave her? we're not talking about the thousand little things married people do for each other during the marriage, we're talking about a major surgical procedure involving life-long consquences. if having and raising kids can be compensated, why can't donating a kidney?
Seems to me that the issue is that he willingly gave the kidney to her as a gift. Because of that there's no real claim to compensation for said gift. Then again, I could be wrong.
Ok, but then why does the law consider him giving a kidney a non-compensible gift, but her bearing children a compensible labor?
12/61
I feel really sorry for the poor bastard that is or might one day be married to you. They're her kids too. The kidney was all his.
If this guy was such a dirtbag then why is she the one cheating and running around. Also, dirtbags don't usually give other people their kidneys. Apparently you have special knowledge about this guy’s dirtbagness though - you fucking idiot.
12/61 - You're ridiculous. Presumably she wanted the kids too. Hell, if you really want to be throwing generalities around, she might have even wanted them MORE than he did.
I think it's stupid and a bit vindictive that he's asking for his kidney back...on the other hand, his wife, who he loved (presumably, he did give her a kidney!), and who is the mother of his children...had an ongoing affair.
I'm pretty sure that were these my circumstances I would be a bit petty and vindictive too. There are NO grounds to call him a dirtbag.
It's "women" like you that give feminists like me a bad name.
She's a bitch for divorcing him, but at least she didn't break a plate of spaghetti on his head.