GUN VIOLENCE IN AMERICA: FOR WHO THE BELL TOLLS NEXT.

Just five people shy of Sandy Hook elementary school mass shooting incident that claimed 26 lives, the Uvalde Texas Robb elementary school mass shooting at 21 victims, now ranks among the highest grossing gun carnage in America. It is sad that such frequent blood spilling has tragically become part of our culture as a society. May the souls of the killed now rest.

25th AMENDMENT: ITS NOW ALL CRICKET.

Madam Speaker Nancy Pelosi once questioned former President Donald John Trump's fitness to remain in office due to what she claimed was his declining mental capacity. Does anyone know what Madam Speaker presently thinks about the incontrovertible case which America is now saddled with? Just curious!

WHO WILL REBUILD UKRAINE?

The West should convert frozen Russian assets, both state's and oligarchs' owned, into a full seizure and set them aside for the future rebuilding of Ukraine. Like the Marshal Plan, call it the Putin Plan.

A HERO IS BORN.

I am staying put. I will not run away and abandon my people. The fight is here in Ukraine. What I need are weapons and ammunitions, not a ride out of town like former Afghanistan President Ashraf Ghani - President Volodymyr Zelensky.

IT IS WHAT IT IS.

"There is too much hate in America because there is too much anger in America." - Trevor Noah.

WORD!

A life without challenges is not a life lived at all. A life lived is a life that has problems, confronts problems, solves problems and then learns from problems. - Tunde Fashola.

NOW, YOU KNOW.

When fishing for love, bait with your heart and not your brain, because you cannot rationalize love. - Mark Twain.

JUST THE FACT.

In our country, you can shoot and kill a nigger, but you better not hurt a gay person’s feelings - Dave Chappelle

DO YOU?.

“What you believe in can only be defined by what you’re willing to risk for it." - Stuart Scheller.

HEDGE YOUR CRISIS.

Never get in bed with a woman whose problems are worse than yours. - Chicago PD.

PROBLEM SOLVED.

'The best way to keep peace is to be ready to destroy evil. If you Pearl Harbor me, I Nagasaki you.' - Ted Nugent.

OUR SHARED HUMANITY.

Empathy is at the heart of who we are as human beings. - Cardinal Matthew Kukah.

WORDS ON MARBLE.

"Birth is agony. Life is hard. Death is cruel." - Japanese pithy.

REPENT OR PERISH - POPE.

Homosexuality is a sin. It is not ordained by God, therefore same sex marriage cannot be blessed by the church - Pope Francis.

CANCEL CULTURE IS CORROSIVE.


FOR SAKE OF COUNTRY.


MAGA LIVES ON: NO RETREAT, NO SURRENDER!

TWITTER IS BORING WITHOUT HIS TWEETS. #RestorePresidentTrump'sTwitterHandle.


WORD.

"If you cannot speak the truth when it matters, then nothing else you says matters.” - Tucker Carlson.

#MeToo MOVEMENT: A BAD NEWS GONE CRAZY.

"To all the women who testified, we may have different truth, but I have a great remorse for all of you. I have great remorse for all of the men and women going through this crisis right now in our country. You know, the movement started basically with me, and I think what happened, you know, I was the first example, and now there are thousands of men who are being accused and a regeneration of things that I think none of us understood. I’m not going to say these aren’t great people. I had wonderful times with these people. I’m just genuinely confused. Men are confused about this issue. We are going through this #MeToo movement crisis right now in this country." - Harvey Weinstein.


RON DELLUMS: UNAPOLOGETICALLY RADICAL.

"If it’s radical to oppose the insanity and cruelty of the Vietnam War, if it’s radical to oppose racism and sexism and all other forms of oppression, if it’s radical to want to alleviate poverty, hunger, disease, homelessness, and other forms of human misery, then I’m proud to be called a radical.” - Ron Vernie Dellums.


WHAT REALLY MATTERS IN LIFE - STEVE JOBS

“I reached the pinnacle of success in the business world. In others’ eyes, my life is an epitome of success. However, aside from work, I have little joy. Non-stop pursuing of wealth will only turn a person into a twisted being, just like me. God gave us the senses to let us feel the love in everyone’s heart, not the illusions brought about by wealth. Memories precipitated by love is the only true riches which will follow you, accompany you, giving you strength and light to go on. The most expensive bed in the world is the sick bed. You can employ someone to drive the car for you, make money for you but you cannot have someone to bear sickness for you. Material things lost can be found. But there is one thing that can never be found when it is lost – Life. Treasure Love for your family, love for your spouse, love for your friends. Treat yourself well. Cherish others.” - SJ

EVIL CANNOT BE TRULY DESTROYED.

"The threat of evil is ever present. We can contain it as long as we stay vigilant, but it can never truly be destroyed. - Lorraine Warren (Annabelle, the movie)


ONLY THE POOR WISH THEY HAD STUFF?

“I’m not that interested in material things. As long as I find a good bed that I can sleep in, that’s enough.” - Nicolas Berggruem, the homeless billionaire.

Showing posts with label an expensive kidney. Show all posts
Showing posts with label an expensive kidney. Show all posts

Friday, January 9, 2009

BATISTA, WHAT'S LOVE GOT TO DO WITH IT?

Now, as he ruefully regrets the gift of life which he gave to his object of affection, his former wife; did this love-reject do what any other person in the circumstance would do for a loved one? Also is his current demand for restitution of his kidney reasonable?
Dr. Richard Batista, 49, (right) of Ronkonkoma, a prominent vascular surgeon at Nassau University Medical Center, Long Island, New York is demanding the return of a kidney he donated to his estranged wife, Dawnell Batista, 44 (below) or in the alternative, the payment of $1.5 million dollars in lieu of the kidney, as a reasonable price or value for the said body-part. The couple is currently embroiled in a messy divorce.
Whether a kidney is a returnable gift or marital property or an asset which can be returned or for which there is a price tag for purposes of distribution following a divorce decree, will constitute part of the litigation in this messy divorce. If the court agrees with Dr. Batista that his interest in the donated kidney is still subsisting, it will then take necessary steps to determine what would be a fair price for the kidney for purposes of determining the reasonableness of the $1.5million dollars being asked as an option of keeping the kidney?

Admitted that it is unethical and illegal to sell or use an organ as a bargain for instrument or exchange it for anything of value; under Dr. Batista's circumstance, is it possible to infer that his donation was not freely made? The question should be, why did he do it? Because she was his wife, a good inference is that the donation was conditioned on her remaining the object of his affection, period! Dr. Batista was one (1) out of 700,000 whose kidney was a match to his ex-wife's; so it was a very expensive and invaluable piece of body-part to just give away. Were Dawnell not his wife, would the doctor have made the donation? The answer is obviously NO! So if the condition subsequent to the kidney donation fails, then there is no longer a subsisting valid donation; hence the subject matter donated must be returned to the rightful owner, which in this case is Dr. Give Me Back My Kidney? It is also admitted that donating an organ is considered a gift but it should equally be noted that some gifts are conditional-gifts; which in this case, by necessary implication, was subsequent to her continued love and affection. Dr. Batista gave to his better-half his body part first because she was his wife (condition-precedent) and secondly because she will continue to remain his wife (condition-subsequent). So when a condition attached to a gift fails for lack of performance or occurrence, the whole gift fails as in this case.
Icheoku says, it appears this claim is not necessarily about a kidney but about a grieving husband who is emotionally having a great deal of difficultly coping with the loss of a wife's love and affection. He wants the world to partake in his heart's agony and hear him out before it is too late. From some statements credited to Dr. Batista, the doctor appears to be a man who is really agonising about losing the love of his life. Icheoku advises the good doctor who is out of luck with love and also appears to be irretrievably out of his kidney, to just calm down and move on with his life, rather than be tempted to join the retinue of the Scott Petersons of this world. Love is impetuous, hurts, and most times does not think properly. According to this whining doctor, "there is no deeper pain you can ever express than betrayal from someone who you loved and devoted your whole life to. I saved her life and then, to be betrayed like this, is unfathomable; It's incomprehensible, but the pain is unbearable! I feel humbled and betrayed and disregarded; this divorce is killing me.” It would appear that Dr. Batista is trying but woefully failing, to cope with his life of a broken heart. At the same time, it is quite obvious from his quest for a pound of flesh, that he is determined not to let his cheating ex-wife go with his healthy kidney!

The once-happy couple met two decades ago when Dr. Batista was a resident and Dawnell was a training nurse at North Shore Hospital. They were married in August 1990, and have three daughters celebrating with a lavish Long Island reception, and were soon living in a $1 million Massapequa home.
Dr. Batista's kidney was the third kidney Dawnell would receive; as a child, she received a kidney from her father which failed and later another one from her brother which also failed as her body rejected both kidneys. Then it was Dr. Batista's turn to donate his kidney which proved to be the kidney the doctor ordered. With a match of 1-in-700,000 Dr Batista gladly donated one of his kidney, allowing Dawnell to skip a waiting list of 6,748 people awaiting kidneys transplant in the State of New York according to data from the New York Organ Network. The transplant of the contentious kidney was successfully performed at University of Minnesota Medical Center on June 28, 2001. Dawnell Batista survived the transplant, but their marriage lasted only four more years thereafter, as Dawnell filed for divorce in July 2005.
According to the narrative, Dawnell Batista viewed the kidney as a new lease on her life. She returned to school to earn a master's degree in nursing and took up karate as a hobby. Icheoku asks, but why karate? Was she an abused wife trying to equip herself against further abuse by learning the act of self-defense, martial arts? Continuing, after an injury suffered while trying to earn her black belt, she began physical therapy - which evolved into an affair with her therapist. Icheoku adds, and she is a nurse? According to Dr. Batista, "this affair put a hole in my heart that still exists. To this day, I'm a man of pride. To be betrayed that way, humiliated - I can't even began to say."
One other interested observer rated Dr. Batista's chances at recovering his donated kidney at somewhere between impossible and completely impossible. Icheoku strongly disagrees with one other analyst who is of the opinion that when you give something, you can't get it back; but says, that certain gifts are conditioned upon the occurrence or performance of certain act. So when there is a failed performance or non-occurrence of the act or event then such gift fails as may rightly be the case with the kidney here.

Icheoku says, Dr. Batista is entitled to his kidney. The court should order Dawnell to give Dr Batista back his kidney as the bargained for love and affection has gone out through the window, with the winds. His intention in making the donation in the first place was to bequeath his body-part to someone he loved and believed was part of him; so now that the center can no longer hold, to each should be his own. Without his gift, Dawnell would probably be dead by now, so she would not have had the opportunity to even jump the fence of Dr. Batista's love. So who is wrongfully benefiting from the failed bargain but DAWNELL who is trying to reap where she did not sow! Icheoku says, this re-echos the popular aphorism, only fools fall in love, and Dr. Richard Batista?