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Friday, March 29, 2024 | Back issues
Courthouse News Service Courthouse News Service

‘This Lawsuit May Pinch a Bit’

NAMPA, Idaho (CN) - A Native American hunting and fishing guide claims a dentist used his daughters as pawns in a scheme to get free trips in return for unnecessary dental work. He claims the dentist said: "As long as the girls are in braces, I have an Indian in my back pocket."

Gary Sublett sued Ronald J. Albright, D.D.S., in Canyon County Court.

Sublett claims his two daughters were "disfigured" from prolonged treatment and unnecessary tooth extractions.

Sublett, who is a professional hunting and fishing guide, claims that Albright told him that his daughters needed braces, and that "For payment of Albright's services, Mr. Sublett and Albright worked out a 'work/trade' arrangement whereby Mr. Sublett would take Albright hunting and fishing periodically and Albright would not charge the Subletts any money for his services."

Sublett says both his daughters received braces in November 2006, and that Albright "assured" him that he could fix their teeth "in approximately 9 months."

"Despite that assurance, through his continued treatment into November 2009, Albright never removed (the girls') braces," the complaint states.

"During that approximate three-year period, Mr. Sublett provided more than 20 hunting and/or fishing trips to Albright."

He claims that Albright "unnecessarily extracted" both girls' No. 5 and 12 teeth in September 2008, and that "Albright unnecessarily prolonged the treatment of [both girls] over a 3-year period so that he could take advantage of Mr. Sublett's services for the hunting and fishing trips.

"Albright was heard to say, 'As long as the girls are in braces, I have an Indian in my back pocket.'

"Albright's treatment of [the two girls] continued until October 9, 2009, when Dr. Cusimano took over for Albright."

Sublett claims: "Albright represented and stated on numerous occasions that [both girls] continued to need braces and that his treatment would improve their condition. "Albright knew, or should have known, that such statements were false because Albright was intentionally prolonging the treatment of [the girls].

"Albright's statement that 'As long as the girls are in braces, I have an Indian in my back pocket' evidences Albright's knowledge that his statements were false."

Sublett seeks punitive damages for fraud, consumer law violations, negligence, breach of contract, and unjust enrichment.

He is represented by Kevin Dinius.

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