Divorced Man Wants Donated Kidney Back From Cheating Wife

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Hallenbeck77

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#1 Hallenbeck77  Moderator
Member since 2005 • 16892 Posts

I wanna see how the courts settle THIS case.

A doctor from Long Island who donated his kidney to his then ailing wife has filed for divorce alledging that his wife had cheated on him...and he wants the organ back, or the $1.5 million he says that it's worth.

"The main reason the doctor is doing this is because of how he's been treated in this case," said Dominic Barbara, Batista's lawyer. They are asking for the $1.5 million as part of the distribution of assets based on a medical expert's estimated value of the kidney. "In theory, we are asking for the return of the kidney," Barbara said. "Of course, he wouldn't really ask for that, but the value of it."

What do you think, folks...do you think he'll get part of a settlement, or is the judge gonna throw this claim out?

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-Jiggles-

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#2 -Jiggles-
Member since 2008 • 4356 Posts

I'm with the doctor & man on this one. The wife cheated on her husband after he donated his freakin' Kidney to her, so she deserves to have some money ripped away from her one way or another.

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Toriko42

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#3 Toriko42
Member since 2006 • 27562 Posts
I'd want my kidney back if my wife cheated on me. All the power to him.
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II_Seraphim_II

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#4 II_Seraphim_II
Member since 2007 • 20534 Posts
Im with the guy on this one. Just for once, I want to see the guy not get the short end of the stick in a divorce settlement :x
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AAllxxjjnn

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#5 AAllxxjjnn
Member since 2008 • 19992 Posts
Wow, she cheated on the man that pretty much saved her life. I hope he wins.
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BiancaDK

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#6 BiancaDK
Member since 2008 • 19092 Posts
i think that case is beyond stupidity, and i fear the stupidity might compact itself to such a degree, it might actually create a rift in space/time.
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DigitalExile

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#7 DigitalExile
Member since 2008 • 16046 Posts
Just because she cheated on him doesn't mean that the kidney doesn't fall under a gift or donation. He didn't loan it to her. It's hers now.
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-Twilight-

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#8 -Twilight-
Member since 2005 • 8931 Posts
That's beyond despicable (on the wife's part). The man gave you a kidney! You at least owe it to him to somehow rationally explain you want to see other people, don't just step out on him.
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Hallenbeck77

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#9 Hallenbeck77  Moderator
Member since 2005 • 16892 Posts
Just because she cheated on him doesn't mean that the kidney doesn't fall under a gift or donation. He didn't loan it to her. It's hers now.DigitalExile
I'm listening to The Howard Stern Show right now; the man's lawyer is a frequent caller to the show. He's going to argue in court that the kidney is marital property. I don't see any judge going along with this.
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-Jiggles-

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#10 -Jiggles-
Member since 2008 • 4356 Posts

Just because she cheated on him doesn't mean that the kidney doesn't fall under a gift or donation. He didn't loan it to her. It's hers now.DigitalExile

What the man is requesting may be out of line, but how the woman acted to her own husband--who donated a Kidney to her--is unforgivable. I don't see any difference with this case compared to the settlements both sides are given during your normal divorce (one gets the car, the other gets the house, etc).

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Toriko42

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#11 Toriko42
Member since 2006 • 27562 Posts
Just because she cheated on him doesn't mean that the kidney doesn't fall under a gift or donation. He didn't loan it to her. It's hers now.DigitalExile
It's disgusting how she acted, she should have to pay him at least.
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esbastica

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#12 esbastica
Member since 2008 • 1665 Posts
what a ****,:x ,i'm with the man aswell
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rrclarkcdr

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#13 rrclarkcdr
Member since 2006 • 766 Posts
That man deserves a medal. I'm with the guy he gave her his kidney for goodness sake and then she cheated on him! What I want to know is why the guy always gets the short end of the stick?
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raze-boi

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#14 raze-boi
Member since 2006 • 853 Posts
I'm on the man's side! Go Richard, you can win it!
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Dark-Sithious

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#15 Dark-Sithious
Member since 2008 • 3914 Posts
He will probably lose though
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vlin1108

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#16 vlin1108
Member since 2007 • 1908 Posts
He donated his kidney, not rented it. Doesn't mean the cheating wife's life belongs to the doc now.
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aliblabla2007

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#17 aliblabla2007
Member since 2007 • 16756 Posts
That's a great way to repay a lifesaver.
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impl0sion

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#18 impl0sion
Member since 2006 • 851 Posts
whats a kidney donation supposed to knock off your life expectancy? 5 years? Fair play to the guy.
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glenn2709

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#19 glenn2709
Member since 2005 • 1719 Posts
I'm with the guy, damn.
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leeveeu

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#20 leeveeu
Member since 2003 • 3405 Posts
From a medical perspective, life with only one kidney, is pretty rough, so what he did for his wife is a really nice thing to do. Cheating in any case is bad, but in this particular situation, is unthinkable. He should be financially compensated.
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markop2003

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#21 markop2003
Member since 2005 • 29917 Posts
Might be stupid but seems fair enough
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KG86

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#22 KG86
Member since 2007 • 6021 Posts
He should only get half of the kidney.
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LJS9502_basic

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#23 LJS9502_basic
Member since 2003 • 180123 Posts
Once you give something away it's no longer yours. So the kidney is hers. He shouldn't get a dime but have some court costs to pay. Time for him to grow up and move on.
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freek666

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#24 freek666
Member since 2007 • 22312 Posts
Good on him, and if all else fails he can just get it back through force.
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leeveeu

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#25 leeveeu
Member since 2003 • 3405 Posts

Once you give something away it's no longer yours. So the kidney is hers. He shouldn't get a dime but have some court costs to pay. Time for him to grow up and move on.LJS9502_basic

What about moral compensation? Others have won millions in court for that? Why shouldn't he?

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LJS9502_basic

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#26 LJS9502_basic
Member since 2003 • 180123 Posts

[QUOTE="LJS9502_basic"]Once you give something away it's no longer yours. So the kidney is hers. He shouldn't get a dime but have some court costs to pay. Time for him to grow up and move on.leeveeu

What about moral compensation? Others have won millions in court for that? Why shouldn't he?

I doubt he has a contract on the DONATION of his kidney tied to morals. People break up daily...sometimes they were married. The courts do not tell the alleged wounded party they can be compensated for all the gifts they gave during the course of a relationship.
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leeveeu

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#27 leeveeu
Member since 2003 • 3405 Posts
[QUOTE="leeveeu"]

[QUOTE="LJS9502_basic"]Once you give something away it's no longer yours. So the kidney is hers. He shouldn't get a dime but have some court costs to pay. Time for him to grow up and move on.LJS9502_basic

What about moral compensation? Others have won millions in court for that? Why shouldn't he?

I doubt he has a contract on the DONATION of his kidney tied to morals. People break up daily...sometimes they were married. The courts do not tell the alleged wounded party they can be compensated for all the gifts they gave during the course of a relationship.

But he did it for the well being of his wife and subsequently of their marriage; she has done an act that did quite the opposite-destroyed the marriage, I think it's morally justified to ask for a compensation (not forgetting that less justified people have won moral compensation cases, like slipping on the floor at McDonald's).
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LJS9502_basic

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#28 LJS9502_basic
Member since 2003 • 180123 Posts
[QUOTE="LJS9502_basic"][QUOTE="leeveeu"]

What about moral compensation? Others have won millions in court for that? Why shouldn't he?

leeveeu
I doubt he has a contract on the DONATION of his kidney tied to morals. People break up daily...sometimes they were married. The courts do not tell the alleged wounded party they can be compensated for all the gifts they gave during the course of a relationship.

But he did it for the well being of his wife and subsequently of their marriage; she has done an act that did quite the opposite-destroyed the marriage, I think it's morally justified to ask for a compensation (not forgetting that less justified people have won moral compensation cases, like slipping on the floor at McDonald's).

Doesn't matter what motives one has for giving a gift. A gift is a gift. According to the law he deserves no compensation. You give a Christmas gift for the well being of a relationship...doesn't mean you get it back. He needs to get over it. Plus, for the well being of his children...their mother should be healthy.;)
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leeveeu

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#29 leeveeu
Member since 2003 • 3405 Posts
[QUOTE="LJS9502_basic"] Doesn't matter what motives one has for giving a gift. A gift is a gift. According to the law he deserves no compensation. You give a Christmas gift for the well being of a relationship...doesn't mean you get it back. He needs to get over it. Plus, for the well being of his children...their mother should be healthy.;)

You're oversimplifying things a bit LJ :P It's not just a gift, it's a pretty serious operation he had to undergo, recovery also. But the most important thing is that, from a medical point of view (believe me, my wife is a medic), life with only one kidney is pretty tough. He accepted and agreed to that life because he was doing that for the wife that he thought loved him. She betrayed his trust and destroyed the cause of his sacrifice (their love). That's why he should be compensated.
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deactivated-5901ac91d8e33

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#30 deactivated-5901ac91d8e33
Member since 2004 • 17092 Posts
[QUOTE="leeveeu"][QUOTE="LJS9502_basic"] Doesn't matter what motives one has for giving a gift. A gift is a gift. According to the law he deserves no compensation. You give a Christmas gift for the well being of a relationship...doesn't mean you get it back. He needs to get over it. Plus, for the well being of his children...their mother should be healthy.;)

You're oversimplifying things a bit LJ :P It's not just a gift, it's a pretty serious operation he had to undergo, recovery also. But the most important thing is that, from a medical point of view (believe me, my wife is a medic), life with only one kidney is pretty tough. He accepted and agreed to that life because he was doing that for the wife that he thought loved him. She betrayed his trust and destroyed the cause of his sacrifice (their love). That's why he should be compensated.

LJS is arguing from a legal point of view though. Or at least that's what I think.
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leeveeu

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#31 leeveeu
Member since 2003 • 3405 Posts
[QUOTE="jointed"][QUOTE="leeveeu"][QUOTE="LJS9502_basic"] Doesn't matter what motives one has for giving a gift. A gift is a gift. According to the law he deserves no compensation. You give a Christmas gift for the well being of a relationship...doesn't mean you get it back. He needs to get over it. Plus, for the well being of his children...their mother should be healthy.;)

You're oversimplifying things a bit LJ :P It's not just a gift, it's a pretty serious operation he had to undergo, recovery also. But the most important thing is that, from a medical point of view (believe me, my wife is a medic), life with only one kidney is pretty tough. He accepted and agreed to that life because he was doing that for the wife that he thought loved him. She betrayed his trust and destroyed the cause of his sacrifice (their love). That's why he should be compensated.

LJS is arguing from a legal point of view though. Or at least that's what I think.

Law recognizes moral compensation...
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HybridPhoenix

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#32 HybridPhoenix
Member since 2007 • 3598 Posts

I'm with the doctor & man on this one. The wife cheated on her husband after he donated his freakin' Kidney to her, so she deserves to have some money ripped away from her one way or another.

-Jiggles-
agreed. however, having that kidney in her gut my be like the tell tale heart "yyooouuu betrraayyeeeedddd mmmeeee"
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deactivated-5901ac91d8e33

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#33 deactivated-5901ac91d8e33
Member since 2004 • 17092 Posts
[QUOTE="leeveeu"][QUOTE="jointed"][QUOTE="leeveeu"] You're oversimplifying things a bit LJ :P It's not just a gift, it's a pretty serious operation he had to undergo, recovery also. But the most important thing is that, from a medical point of view (believe me, my wife is a medic), life with only one kidney is pretty tough. He accepted and agreed to that life because he was doing that for the wife that he thought loved him. She betrayed his trust and destroyed the cause of his sacrifice (their love). That's why he should be compensated.

LJS is arguing from a legal point of view though. Or at least that's what I think.

Law recognizes moral compensation...

It does? I guess he's got a case then.
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Ring_of_fire

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#34 Ring_of_fire
Member since 2003 • 15880 Posts
[QUOTE="leeveeu"][QUOTE="jointed"][QUOTE="leeveeu"] You're oversimplifying things a bit LJ :P It's not just a gift, it's a pretty serious operation he had to undergo, recovery also. But the most important thing is that, from a medical point of view (believe me, my wife is a medic), life with only one kidney is pretty tough. He accepted and agreed to that life because he was doing that for the wife that he thought loved him. She betrayed his trust and destroyed the cause of his sacrifice (their love). That's why he should be compensated.

LJS is arguing from a legal point of view though. Or at least that's what I think.

Law recognizes moral compensation...

but there's no reason for him to get anything from a court for his kidney. He gave it up to his wife out of love, a gift more or less, as LJ. Just because the wife cheated on him, doesn't make the gift something other than a gift. He deserves nothing.
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deactivated-5901ac91d8e33

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#35 deactivated-5901ac91d8e33
Member since 2004 • 17092 Posts
[QUOTE="Ring_of_fire"][QUOTE="leeveeu"][QUOTE="jointed"] LJS is arguing from a legal point of view though. Or at least that's what I think.

Law recognizes moral compensation...

but there's no reason for him to get anything from a court for his kidney. He gave it up to his wife out of love, a gift more or less, as LJ. Just because the wife cheated on him, doesn't make the gift something other than a gift. He deserves nothing.

One could argue that it was an investment into their relationship, something which she squandered.
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leeveeu

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#36 leeveeu
Member since 2003 • 3405 Posts
[QUOTE="jointed"][QUOTE="Ring_of_fire"][QUOTE="leeveeu"] Law recognizes moral compensation...

but there's no reason for him to get anything from a court for his kidney. He gave it up to his wife out of love, a gift more or less, as LJ. Just because the wife cheated on him, doesn't make the gift something other than a gift. He deserves nothing.

One could argue that it was an investment into their relationship, something which she squandered.

Yep, my point exactly.
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Ring_of_fire

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#37 Ring_of_fire
Member since 2003 • 15880 Posts

[QUOTE="jointed"][QUOTE="Ring_of_fire"] but there's no reason for him to get anything from a court for his kidney. He gave it up to his wife out of love, a gift more or less, as LJ. Just because the wife cheated on him, doesn't make the gift something other than a gift. He deserves nothing.leeveeu
One could argue that it was an investment into their relationship, something which she squandered.

Yep, my point exactly.

but still no reason to give him money for a kidney, which you could technically call selling a kidney, which is illegal.

It was a gift. Nothing more. The kidney was a gift when he gave it to her, and it's still a gift.

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leeveeu

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#38 leeveeu
Member since 2003 • 3405 Posts

[QUOTE="leeveeu"][QUOTE="jointed"] One could argue that it was an investment into their relationship, something which she squandered.Ring_of_fire

Yep, my point exactly.

but still no reason to give him money for a kidney, which you could technically call selling a kidney, which is illegal.

It was a gift. Nothing more. The kidney was a gift when he gave it to her, and it's still a gift.

No, not money for the kidney, compenstation for the effort he put in the relationship, which she ruined.
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deactivated-5901ac91d8e33

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#39 deactivated-5901ac91d8e33
Member since 2004 • 17092 Posts

[QUOTE="leeveeu"][QUOTE="jointed"] One could argue that it was an investment into their relationship, something which she squandered.Ring_of_fire

Yep, my point exactly.

but still no reason to give him money for a kidney, which you could technically call selling a kidney, which is illegal.

It was a gift. Nothing more. The kidney was a gift when he gave it to her, and it's still a gift.

It was a necessary procedure to retain their relationship and family. He didn't donate it as a gift, he donated it because he had no other choice. She destroyed their reltionship and should therefore compensate for this guy's huge investment in it.
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Ring_of_fire

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#40 Ring_of_fire
Member since 2003 • 15880 Posts
[QUOTE="Ring_of_fire"]

[QUOTE="leeveeu"] Yep, my point exactly.jointed

but still no reason to give him money for a kidney, which you could technically call selling a kidney, which is illegal.

It was a gift. Nothing more. The kidney was a gift when he gave it to her, and it's still a gift.

It was a necessary procedure to retain their relationship and family. He didn't donate it as a gift, he donated it because he had no other choice. She destroyed their reltionship and should therefore compensate for this guy's huge investment in it.

No, he deserves no compensation for the kidney. Even with the extreme circumstances, it really is more or less a gift.
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Ring_of_fire

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#41 Ring_of_fire
Member since 2003 • 15880 Posts
[QUOTE="Ring_of_fire"]

[QUOTE="leeveeu"] Yep, my point exactly.leeveeu

but still no reason to give him money for a kidney, which you could technically call selling a kidney, which is illegal.

It was a gift. Nothing more. The kidney was a gift when he gave it to her, and it's still a gift.

No, not money for the kidney, compenstation for the effort he put in the relationship, which she ruined.

He deserves nothing for a broken relationship.
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leeveeu

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#42 leeveeu
Member since 2003 • 3405 Posts

No, he deserves no compensation for the kidney. Even with the extreme circumstances, it really is more or less a gift. Ring_of_fire

You're sticking to the whole "gift" idea, which is completely wrong! It's not a box of chocolates, it's not a dress, it's not a GIFT! It's a HUGE SACRIFICE to save a family! It's an INVESTMENT in a FUTURE. Because the wife destroyed that future, he should receive what the LAW describes as MORAL COMPENSATION.

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Ring_of_fire

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#43 Ring_of_fire
Member since 2003 • 15880 Posts
[QUOTE="Ring_of_fire"]

No, he deserves no compensation for the kidney. Even with the extreme circumstances, it really is more or less a gift. leeveeu

You're sticking to the whole "gift" idea, which is completely wrong! It's not a box of chocolates, it's not a dress, it's not a GIFT! It's a HUGE SACRIFICE to save a family! It's an INVESTMENT in a FUTURE. Because the wife destroyed that future, he should receive what the LAW describes as MORAL COMPENSATION.

an engagement/wedding ring is an investment for the future. a house a couple buys together is an investment for the future. Those are things he should get compensation for, if anything. The kidney was more or less a gift. he did what any decent human being did, and gave her a kidney. If his act was so "moral", he wouldn't ask for any money for the kidney. He deserves nothing
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freshgman

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#44 freshgman
Member since 2005 • 12241 Posts
how could she cheat on him after the kidney transplant. she could have ended it.
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links136

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#45 links136
Member since 2004 • 2400 Posts
[QUOTE="leeveeu"][QUOTE="Ring_of_fire"]

No, he deserves no compensation for the kidney. Even with the extreme circumstances, it really is more or less a gift. Ring_of_fire

You're sticking to the whole "gift" idea, which is completely wrong! It's not a box of chocolates, it's not a dress, it's not a GIFT! It's a HUGE SACRIFICE to save a family! It's an INVESTMENT in a FUTURE. Because the wife destroyed that future, he should receive what the LAW describes as MORAL COMPENSATION.

an engagement/wedding ring is an investment for the future. a house a couple buys together is an investment for the future. Those are things he should get compensation for, if anything. The kidney was more or less a gift. he did what any decent human being did, and gave her a kidney. If his act was so "moral", he wouldn't ask for any money for the kidney. He deserves nothing

theres alot of people that have won that deserved ALOT less than this guy does. It would also be different if he could actually get it back.

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7ettus

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#46 7ettus
Member since 2009 • 298 Posts
how could she cheat on him after the kidney transplant. she could have ended it. freshgman
That's a good point. I've never thought of it that way before..
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freshgman

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#47 freshgman
Member since 2005 • 12241 Posts
[QUOTE="freshgman"]how could she cheat on him after the kidney transplant. she could have ended it. 7ettus
That's a good point. I've never thought of it that way before..


are you mocking me?:x
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#48 yabbicoke
Member since 2007 • 4069 Posts
What a *****.
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montzag

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#49 montzag
Member since 2004 • 2374 Posts
Wasn't this a plotline from Lost? Sorry for spoilers but something very similar happened to Locke.