A New Jersey woman has filed a lawsuit against Volvo and the company employee she was with, claiming that a Volvo-owned SUV’s automatic tailgate accidentally closed on her head hard enough to cause a traumatic brain injury (TBI) with permanent effects, reports NJ.com. The incident occurred when Megan Kohr was out for a hike with acquaintance and Volvo employee Jennifer Henry, according to Law.com, and involved a vehicle owned by Volvo USA.
Kohr claims that Henry’s dog walked under the back bumper and accidentally activated the Hands Free Tailgate feature. This allegedly caused the open tailgate to close on Kohr’s head, causing a severe TBI with significant effects on her day-to-day life. From NJ.com:
Kohr’s doctor says she suffered a traumatic brain injury and continues to experience problems with her vision and balance.
A medical certification filed with the lawsuit states that she now has difficulty with how her eyes work together, is sensitive to light, and has trouble coordinating her vision with movement.
The doctor concluded that at least one of the injuries is permanent and unlikely to fully heal.
Traumatic brain injuries are serious business, and indeed former Jalop Stef Schrader experienced one in a crash during a 24 Hours of LeMons race.
Automatic tailgates are usually pretty slow
The lawsuit is relatively light on technical details. Volvo’s video demonstrating its Hands Free Tailgate operation shows the speed at which it typically opens and closes; the lawsuit does not specify what model of Volvo SUV was involved. Volvo models with the power tailgate (along with features like power windows) include a “pinch protection” safety system, that promise to detect something in the way – like an arm in a closing window, or a person under a closing tailgate — at which point “movement is interrupted, the tailgate stops, a long acoustic signal sounds and the tailgate returns to the preprogrammed max. position” the automaker says.
The court filing summary alleges that “a malfunction in the defendant’s automated tailgate system caused serious injuries when it struck the plaintiff in the head.” It claims Henry is liable for her dog activating it, and Volvo liable for a design that enabled this.
A Volvo spokesperson told Jalopnik that the company does not comment on open or pending litigations.
