“It was a horrific accident,” said the Fongs’ attorney, J. Kent Emison, a partner at Langdon & Emison in North Kansas City, Mo.

But Emison isn’t the one pushing to go to trial soon. It was Toyota that identified the case as a potential bellwether in California state court litigation over sudden acceleration. The litigation involves more than 100 cases coordinated before Los Angeles County, Calif., Superior Court Judge Anthony Mohr. Bellwether cases, the first lawsuits to go to trial, are designed to decide the issues in the broader litigation in hopes of moving parties closer to settlement.

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