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Cornell lawsuit heads to federal court



39 comment(s)


By MARK GUNDERMAN
mark.gunderman@lee.net
Tuesday, December 9, 2008 3:05 PM CST

A lawsuit filed by an EMT over her dismissal from the Cornell Ambulance Service is headed to federal court.

Barbara J. Close, 21229 County Z, Cornell, alleges that her dismissal for hiring a private investigator to probe the background of Cornell Area Ambulance Inc. business manager David J. Wymore violated her civil rights.

She is seeking unspecified back pay and reinstatement as well as compensatory damages.

The suit naming the ambulance service and Wymore as defendants was filed in Chippewa County Circuit Court on Oct. 27 and was dismissed on Dec. 2, as it had been assigned to the United States District Court for the Western District of Wisconsin.

Close alleges that she was wrongfully suspended and discharged from her employment because she exercised her First Amendment rights, that the dismissal deprived her of due process under the Fourteenth Amendment, and that the termination violated the ambulance service’s own policies and procedures.

Close had been employed by the Cornell Area Ambulance Service since 1984 as an emergency medical technician. Wymore became operations manager of the service on Jan. 28, 2008.

On May 12, Close was suspended pending an internal investigation and on May 14 Wymore gave her an ultimatum to resign within 24 hours or she would be terminated. She remained suspended until formal notice of termination on June 9.

Close alleges that up until that time she had received no notice of deficiencies or written charges.

On June 9, she received a letter from Wymore stating her termination was “the result of your recent disloyal and insubordinate behavior including, but not limited to, your attempt to hire a private investigator to ’dig up dirt’ on the undersigned operating manager.“

In her complaint, Close acknowledges that she contacted a private investigator because of her concerns that Wymore had made misrepresentations about his background, work experience and qualifications in obtaining his employment as operations manager.

Close alleges that her activity is protected by the First Amendment.

Close also makes a breach of contract claim, alleging that she was not given contractual rights to notice and to certain procedures before suspension.

Wymore and the ambulance service, represented by attorney Michael J. Roman, did not file a written response to the lawsuit, but instead filed a motion that it be moved to federal court. Close is represented by Menomonie attorney Peter M. Reinhardt.

Reach Mark Gunderman at mark.gunderman@lee.net.


PLEASE NOTE:

Comments on stories that are updated may disappear with each update. The comments below are from readers. In no way do they represent the views of the Chippewa Herald.

COMMENTS:

pioneer wrote on Aug 6, 2009 4:51 AM:

" i'm not a emt so most is rumor. the 'cornell ambulance' is listed as the cornell AREA ambulance - probably 10-12 communities around each has 1 rep on board. rumor has it the board was not envolved and bye time theywere notified lawyer told they could not discuss about it because legal matter. this mess is diservice to all. mgr. is voted in by emts not board. sumthing about this is underhand. better change mgr., policies and procedures. "

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Make Sense wrote on Dec 16, 2008 11:56 PM:

" 20+ years of service no infractions. Good coach, good leader, good teammate, no problem. Less than one year of questionable coach, questionable leader, questionable teammate, FIRED?

P.S. No infractions. "

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Cornell wrote on Dec 16, 2008 4:58 PM:

" For "Team Barb," do you think that this is a contest that you would pick the name "Team Barb." , time to grow up and be professional. Past EMS if you knew how bad he was, why did you let him practice with your squad, must not of been that bad. Cornell Resident who else has he let go of?, no one that I know. I believe there is alot of negative things about Mr. Wymore but what I am wondering is what all is true? Also to "Always a Friend," if Barb says that she is was on the squad for her communityy, and that it was not a job why is she requesting back pay? EMT 56, I hope you are right and the truth comes out for Barb, Dave and everyone else, Barb is a very good EMT, but she is not a good team player and you need that when you are out in the field working with patients. Hopefully this will all come to a end soon. "

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Victor wrote on Dec 16, 2008 1:52 AM:

" Did Dave follow your policy and procedures for employee suspension and dismissal? Where are these policies and procedures have they been adopted by the Government body into the bylaws of that body. What is the job description for the Manager-Director, does he have the power to suspend or terminate employment. Here’s one for Barb, under open records law, check with the insurance company that the Ambulance has to see if the Director-President states they have policies in place for the actions he has taken in the your dismissal. I bet they say they do but will be unable to find them. Dave I think you bit off more than you can chew and it is now catching up. To the Cornell EMTs you do a great job you just need a better Leader. "

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Victor wrote on Dec 16, 2008 1:51 AM:

" Well Cornell your back in the news again, it seems that the Board has failed the community again. There are and should be checks and balances in place to catch problems like these and you the BOARD should be looking into these like in the past where the check book was an issue, twice? Law suit with your billing company which cost the tax payer’s money because you allowed someone without any knowledge to lead you. Your ambulance service is a business so run it that way. When you place a large responsibility with a lot of power you should know what you’re getting, that’s why you do some research and check someone’s back ground. We no longer live in the dark ages, Open Your Eyes!!!!! Every organization has the left and the right meaning personalities and you hire an objective Manager-Director to keep them in line. That person better have some experience and knowledge which yours lacks. "

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emt56 wrote on Dec 15, 2008 12:12 PM:

" As an outspoken and well known supporter of Barb Close I, on her behalf, would like to thank all of those who have expressed their support for her. This has boosted her spirits greatly. Unable to speak for herself due to the case, I know she would want to say, "This is the hardest thing she has ever had to do in her entire life". Thank you all and thank you to those who supported her in her job as a Cornell Police officer. You have seen her for who she is and didn't listen to anyone else. I believe that when the Board hears the truth they will do the right thing and Barb will be Cornell EMT 51 again. "

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EMT wrote on Dec 13, 2008 5:58 PM:

" Buster,
thank you for clarifying. I did miss the sarcasm the first time. ;)
Best wishes to Barb.

GO BARB!! "

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blugold1 wrote on Dec 13, 2008 2:50 PM:

" The question is not who is liked best or the business practices used. The question is if Federal law was followed in this dismissal. If I were a resident of Cornell, I would be more worried about the idea that if the immunity clauses fail, the defense lawyer fees are paid by the defendant. Once this goes to Federal Court, all the documentation become public record. EMT certification and Peace Officer are two diffrent beast. I am sure that more than 1 private citizen has already pick up where this EMT left off and somewhere out there is a private detective looking for what is in the shadows. "

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Buster Hyman wrote on Dec 13, 2008 2:09 PM:

" Hey "EMT" please reread my post, you clearly didnt get it, its called sarcasim. (I hope thats spelled right). I have nothing but respect for Mrs Close, She has EARNED that respect just by being there. 3pm or 3am, doesnt matter to her. If called upon, she has always responded as the true professional she is. Its just sad the political BS has to rear its ugly head. Mr Wymore you by yourself has hurt this community by your actions. You clearly are not capable of being a leader (example- chaotic milktruck vs car accident on 11-21-08 anybody that was there knows the truth) let alone firing an EMT for lookng into your past. Dave, do whats right-RESIGN "

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EMT wrote on Dec 13, 2008 12:16 PM:

" As for Barb being "shady" according to Buster, that is a crock! She was ASKED (several times) to become a Cornell officer, she did not seek out that position. Our EMT service is VOLUNTEER, there isn't a lot of money in it. I can't speak about what kind of salary is available for sherriff deputies or officers, but I know she does it out of a desire to serve, not for money. She has worked with numerous fundraisers including organizing the bike rodeo in Cornell, creating a Relay for Life team comprised of EMT's and their family and friends, and working with the community.
Barb had asked for hearing in front of the board, but they would not allow her to bring any evidence. If they and Mr. Wymore are confident in what they had done, why not allow evidence to be presented? What are they afraid of? Also, someone had commented about Barb being disrespectful by rolling her eyes; How about Dave's disrespect TO PATIENTS by presenting them with a "full moon" when on a call? Get a belt!! "

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riverrat wrote on Dec 12, 2008 10:17 AM:

" In reply to "Experienced" I could not agree more. Many good people have left the squad very quietly because of Ms. Close, and were afraid to voice an opinion because she would do to them exactly what she is doing now. Thanks to her for serving her community, but remember to serve your community and country is a choice not a requirement. "

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Always a Friend wrote on Dec 12, 2008 5:39 AM:

" her community and help her neighbors in a time of need like she use to. The ambulance was Barb's life. I remember when her kids were younger and they would say mom let someone else cover on Christmas day. She would be on call just in case someone got sick or hurt so she could help them. She did the safety talks for the school kids, free of charge. Didn't need money for that. Barb did not want a law suit against that ambulance service. But, no one would give her a chance to talk to the board. What else could she do. She was being acused of something else than what Dave put in her termination letter. What she was suspended for was not what she was terminated for. She did not hire a private investigator. She talked to one, but never hired. Barb does have ties to our community and has put more hours in on this service and has DONE an excellent job. She has supported her coworkers. but some have turned their backs on her. Shame on yous. "

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Always a Friend wrote on Dec 12, 2008 5:33 AM:

" She is very good with her patients. Patients were always #1 to her. She always took time for the family members of those pts. But, you people all forget that. Barb was borned and raised in Cornell and raised three children that also turned out very well. she works more than one job and always had time to volunteer and help raise money to provide for that ambulance. Mr. Wymore I don't know you. I don't know where you work. I have heard from other people in Cornell that the only job you have is the ambulance. I didn't think a person could make enough money to make a living from a volunteer service. If this is true, the ambulance is a job to you and not a service to our community. I have never once heard Barb talk about running you out of town. Maybe the person Cornell thinks you are going to run?? I have talked to Barb many times about what has happened and many times it has been with a broke up crying voice. It hurts her to not be able to cont. "

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Always a Friend wrote on Dec 12, 2008 5:26 AM:

" I woke up this am and poured my coffee and thought I would see what was wrote today. I can not believe what I read. I am a dear friend of Barb's and she has helped my family just like she has helped a few of you on that ambulance service. But a couple of you have forgotten. I remember her telling me how she took some food and bought a necklace and cross and helped with a fundraiser for one of her fellow EMT's, how short forgotten. How she vistied one in the hospital and made a diabetic candy bouquet for another fellow EMT and how much different the cost was from an orginal one. I always seen her at fundraisers and she always seemed to be on call. I always would ask her why she wanted to work so much. Her answer, the ambulance is not a job, it is a service I can provide to my community. She helped start the bike rodeo for our community with all of you at that service. I have seen her in action at a scene. cont. "

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What'swrongw/u wrote on Dec 12, 2008 12:05 AM:

" As a taxpayer in this community I want to be sure that the board is paying attention. Members of the board I hope that you know who and what you are standing behind. This man is a disgrace. His "business" is not welcome at many places in this town due to his character and treatment of people there. He has fired a member of that ambulance who has saved family members of mine. I don't care how opinionated she is, as long as she knows how to care for me and my family. I've seen her in action and appreciate her assertiveness and competence. Please tell me you people did a thorough back ground check on this man...the rumor around this town is that you didn't. To "Cornell" your loyalty to Mr. Wymore is admirable, your concern for this town & doing the RIGHT thing tells alot about your character. Funny you use the words "run" about Wymore...sounds like he likes to do that after he makes a mess of things. I do not want my tax dollars defending this man. "

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Cornell wrote on Dec 11, 2008 9:50 PM:

" Well I say go for all Dave. I know you very well and all they are trying to do to you is run you out of town, because they find you as a threat to them, so please don't run. We are all standing behind you because we know the WHOLE story and will back you up if you need us to.

GO TEAM DAVE!!!!! "

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Buster Hyman wrote on Dec 11, 2008 9:27 PM:

" After all this, has the background check been completed on Wymore? On the rest of the rescue squad? I believe they are manditory. I hope the Cornell police dept did a check on Mrs Close because from what i've read on some of these posts she is a very shady person. Just look at her local background, an EMT volunteer for 20plus years, sheriffs dept reserve for many years (huge dollars there) and now she has the nads to want to be a Cornell Police Officer(huge dollars there too). She's clearly unstable and someone please put a stop to this insanity. Wouldn't we be better off hiring Mr Wymore as the new officer because he has done nothing for this community, has no ties to this community, and maybe after a few months he can take over and fire the rest of the officers. Ya that makes more sense. Thanks for leting me vent. "

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seriously wrote on Dec 11, 2008 7:30 PM:

" Continued...I also heard that not all the board members were aware of what is going on until after the fact. hmmm looks like their hiding something to me!! I will tell you that if something bad happens you would want Barb coming to the rescue and whether you may call her Dr. Barb (know it all as one had said) that is giving her a compliment as there isn't too many people if any that are more competent on that squad then her. So Barb hold your head up high and good luck! "

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seriously wrote on Dec 11, 2008 7:16 PM:

" The comment that was made by "Cornell" "One question, would you feel odd or even ashamed of yourself to sue The Cornell Ambulance service who she once worked for", I ask why should she be ashamed? Lets see what she is actually sueing for 1. back pay 2. REINSTATEMENT 3. compensatory damages. I have worked with Barb and yes on the Cornell Ambulance and even though we did not see eye to eye many times she was a damn good EMT! She is seeking to get her VOLUNTEER position back. I don't know Wymore at all so I really can't pass judgment however when I was on the squad his current position was an appointed position, and from what I hear no one else wanted it so he took it. When I was on the squad there wasn't any background checks done on the EMT's through the squad. Scary, huh! When I was on the squad it was brought up to the board to get someone in that position that knew what they were doing, with experience and with grant writing experience and the board shot it down. "

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experienced wrote on Dec 11, 2008 4:22 PM:

" As an outside observer with inside knowledge of what has been happening within the Ambulance service the last 3 or 4 years, and without defending Mr. Wymore, I would only add the comment Ms. Close should have been terminated many years ago. Dissension within the ranks makes for poor working conditions. One of the sources of that dissension is now gone. "

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farmall wrote on Dec 11, 2008 8:14 AM:

" As an EMT, thankfully not from Cornell right now, I checked our policies and procedures manual...No requirements to be loyal to the squad leader listen in there anywhere. And last time I read the constitution we still have to right to check into people working in the public domain as long as we do it in a legal way. Could I be fired for asking someone about the background of a new person on our squad who I may end up working with? I think NOT. Cornell better pull their heads out of the sand and settle this before it ends up costing the taxpayers a lot of money. And if what the article said is true and the taxpayers are footing the bill for the Wymore's legal representation...well, I'd hate to be the guy explaining that to my constituents. He should get his own lawyer and no mooch off the hard working taxpayers. Especially since this is not about anything that happened during the rendering of care to a patient or on a scene...this about a guy on a power trip. Why should taxpayers fund that? "

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farmall wrote on Dec 11, 2008 8:06 AM:

" What kind of can of worms has been opened up in Cornell? After reading this article I am surprised that the Cornell Rescue Squad has any integrity left. Here's what I am wondering, Why would someone who has served in the Cornell community for literally decades...raised their children here and so on all of a sudden become "unfit" to continue? As an emt for another service I find this whole situation more than a little concerning. This woman wasn't reprimanded for negligence in the care of a patient or any other job performance related issue. She was "taken to task" by a man who sounds like he floats around from place to place leaving hard feelings and nasty business as momento of his prescence for disloyalty to the operating manager. I thought we were suppose to be loyal to our patients? I thought the people we care for come first...why does this guy feel he has any rights to demand loyalty from anyone? What the heck does personal loyalty have to do with the job we perform? Geez!! "

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sweetroll wrote on Dec 11, 2008 7:00 AM:

" Interesting, huh? Okay, the eyerolls and so forth while working are just not grownup or professional. And why would this Dave and the ambulance board request federal court? And who hired Dave and who made him operational manager? Wow, both of these people seem to need some classes in making it in the real world. "

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cornell wrote on Dec 10, 2008 9:58 PM:

" I have also worked with Barb and Dave and they are really great people,, but I think they are acting very childish at this point. I think Dave is doing a great job being our operational manager, and by being our operational manager he is able to dismiss a EMT under certain circumstances, and I strongly believe that that the let go was needed by certain circumstances. One question, would you feel odd or even ashamed of yourself to sue The Cornell Ambulance service who she once worked for, and then become one of our police officer in town. I believe she only came here to Cornell to be an officer to hopefully "get one up" on Mr Wymore. I can't believe the Police from Cornell would even hirer with this going on. "

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rsemt64 wrote on Dec 10, 2008 9:30 PM:

" I think we need more people like PAST EMS to come forward and tell our community what kind of person Mr Wymore really is!! As for Barb if you live anywhere near Cornell you probably know her from her many years on the rescue squad, 15+ years with the Sheriffs Dept, or maybe you grew up with one of her children. Barb is one of the most hard working and honest people I know. And I agree with TEAMBARB and think Mr. Wymore is hiding something that he suspected Barb might find out about him...

GO TEAMBARB!!! "

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cornell resident wrote on Dec 10, 2008 7:48 PM:

" from what i have heard mrs. close is not the only emt mr. wymore has gotten rid of because of his lies. he has made a bad name for the hard working emt's of cornell who donate their time. hopefully everyone will see mr. wymore for he really is before there is no longer a rescue squad in cornell! "

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Past EMS wrote on Dec 10, 2008 6:41 PM:

" Much like the city of Cornell, the small towns David comes from are filled with good, hard working people. They take others at their word, and look to see the good in others. David took advantage of that here. He is now in your community, and no doubt has affiliated himself with organizations that make him look like he wishes to help others. To those who are in charge of the ambulance service, I hope he answers to someone else. If you are wondering about his business practices, ask those in your community with whom he has done business. Is your business run with integrity. Is he using his position to profit personally? ARE YOUR BILLS PAID? Who has done work for your ambulance, maintenance etc? How has he worked with them? I do not wish to see your service and your wonderful community taken advantage of. I am sure that David supplied you with references when you did his back ground, but did you go further than those references. He makes himself appear to be down on his luck....I hope that your kindness doesn't blind you. "

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chipcoresident wrote on Dec 10, 2008 1:27 PM:

" "Past EMS" please tell us more. "

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8588 wrote on Dec 10, 2008 12:40 PM:

" I just read that Cornell High School received an award for being on of the best High Schools in the nation. That is good news. "

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riverrat wrote on Dec 10, 2008 12:28 PM:

" Conflict of interest with her being hired by the city for an officer but the city is going to pay big for this? Was she passed up for this position? Sounds like a temper tantrum! "

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Cornell wrote on Dec 10, 2008 7:38 AM:

" Both of these two have brought on alot of comotion with this mess. As we all can see neither one of them like each other, and they are both playing hard ball to see who can win this fight. All I can say is this isn't about winning, who can throwmore weight around but about our community, our Ambulance service, and the pts. Barb and Dave have seperated our ambulance squad apart, some EMT's on Dave's side and some EMT's on Barb's side, I say the heck with both of them, get rid of them both, and hopefully let the Cornell Ambulance build it's name back up with dignity. "

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lhs wrote on Dec 10, 2008 1:30 AM:

" I have work with Barb for almost 5 years and have found her to be very professional and an excellent coworker.

I find it funny that Barb got hired with the Cornell Police Department after she had file suit. It just goes to show what type of person Mr Wymore for firing Barb. And it shows what type of person Barb is for wanted keep serving her community.


Go Barb "

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TEAMBARB wrote on Dec 10, 2008 12:33 AM:

" as long time co-workers of barb's, we want to say that she has shown nothing but integrity and fairness and a passion for her position as an emt and as a deputy for chippewa county. could it be the fact that she was also with the sheriff's department that made mr. wymore nervous.....hmmmmm?

it's also disturbing that the Cornell Area Ambulance Board would allow the dismissal of a dedicated 24 year veteran EMT with their service, without at least looking into his background.

PS: Chippewa Herald should make a correction. The Herald makes it sound like she HIRED a private investigator.... No she didn't!!!

GO BARB!!!!! "

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donatello wrote on Dec 9, 2008 10:27 PM:

" riverrat...you are right. my mistake. Thank you for pointing that out. I would love to focus on more good news in Cornell. "

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Cornell wrote on Dec 9, 2008 9:23 PM:

" Well I have to say, I believe both sides should be said not just Mrs. Close. Mr Wymore should have had the chance to also voice his concerns. The paper was about Mrs Close looking good and Mr Wymore trying to do his job. I believe what has been done is for the best, as I have seen these two work in action together when they were both on the Cornell Squad, and what we like to call "Doctor Close" (as she thinks she knows all) being very disrespecful to Mr. Wymore with eye rolls and complaining about him. I believe maybe not a termination was needed but possibly a suspension on how she treated co-workers on the Cornell Ambulance. "

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riverrat wrote on Dec 9, 2008 8:49 PM:

" There is good news coming out of Cornell, recently Cornell made front page for the Comeraderie Club sending care packages to our troups. So, yes good does come out of Cornell as well. It is just in what you want to focus on! "

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donatello wrote on Dec 9, 2008 8:31 PM:

" Once again, another bad news story for Cornell. Cornell could use a Good News story in this paper for a change. "

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sweetroll wrote on Dec 9, 2008 8:31 PM:

" wait a minute.....you can get fired for not liking your boss and trying to check into his background because you think that he might of lied on his application????? I understand if she was "disloyal" to the ambulance company but not liking her boss, well most of us could be fired for that one!!! "

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hunter5 wrote on Dec 9, 2008 7:18 PM:

" I as a tax payer of COrnell would like to know why Mr. Wymore has the same attorney as the Cornell Ambulance, when he is listed as an idividual being sued by Ms. Close. Is this where our money needs to go. "

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