— A Volvo tailgate lawsuit was filed by New Jersey resident Megan Kohr after she was struck in the head by a tailgate operated by a motion sensor allegedly activated by a dog.
But in a motion to dismiss the lawsuit, Volvo told the judge it should not be included in the tailgate lawsuit because it had nothing to do with the incident.
Plaintiff Megan Kohr was a passenger in a vehicle driven by her hiking partner Jennifer Henry on October 15, 2023. Henry, who was also sued, is employed by Volvo and was driving her company vehicle to the hike.
According to the Volvo lawsuit:
“After the hike, Plaintiff was standing in the rear of the vehicle, and the vehicle tailgate was in the open position. The vehicle was equipped with a power-operated hands-free sensor located under the rear bumper of the vehicle that opens and closes the tailgate with a simple foot movement.”
The lawsuit goes on to say Jennifer Henry was negligent and careless and allowed her dog to walk under her Volvo vehicle which activated the hands-free sensor causing the tailgate to close and hit Megan Kohr in the head.
The lawsuit alleges Henry knew or should have known the motion sensor power tailgate could be opened or closed "with a simple foot movement."
"Plaintiff was caused to suffer great pain and anguish and will in the future be caused to suffer great pain and anguish; was caused to lose time from employment and will, in the future, be caused to lose time from employment; was caused to incur medical expenses and will, in the future be caused to incur medical expenses; has been and will be in the future be disabled and prevented from attending to her necessary affairs and business." — Volvo tailgate lawsuit
Motion to Dismiss the Tailgate Lawsuit
According to Volvo, all claims against the automaker should be dismissed because plaintiff Henry was just an employee driving her company vehicle and wasn't working and on the clock when the incident occurred.
Volvo argues the tailgate lawsuit includes no facts supporting any "viable or cognizable claims," and the lawsuit also allegedly "fails to articulate a viable cause of action against Volvo that would entitle Plaintiff to any of the relief sought."
Saying the allegations are without merit, Volvo contends the tailgate lawsuit only offers mere conclusions without supporting facts, something that does "not justify a lawsuit."
The lawsuit purportedly fails in its negligence claim because "a cause of action founded upon negligence involves a breach of a duty of care that causes injury." And according to Volvo, plaintiff Megan Kohr has not pled any duty owed by Volvo to her, "let alone the breach of any duty."
The Volvo tailgate lawsuit was filed in the Ocean County New Jersey Superior Court: Megan Kohr v. Volvo Car USA, LLC, et al.
The plaintiff is represented by Levinson Axelrod, P.A.
How a Volvo Hands-Free Tailgate Works