Woman sues Volvo, claiming hands-free tailgate caused brain damage – Jalopnik

A New Jersey woman has filed a lawsuit against Volvo and the company employee she worked with. She claims the automatic tailgate of a Volvo SUV accidentally closed hard enough on her head to cause a traumatic brain injury with lasting effects. NJ.com. The incident occurred when Megan Kohr was out with an acquaintance and Volvo employee Jennifer Henry Law.cominvolving a Volvo USA vehicle.

Kohr claims that Henry’s dog walked under the rear bumper and accidentally activated the hands-free tailgate function. This allegedly caused the open tailgate on Kohr’s head to close, causing a serious brain injury that significantly affected her daily 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 affidavit filed with the lawsuit says she now has difficulty with the way her eyes work together, is sensitive to light and has difficulty coordinating her vision with movement.
The doctor concluded that at least one of the injuries is permanent and unlikely to heal completely.

Traumatic brain injuries are serious business, and former Jalop Stef Schrader actually experienced one in a crash during a 24 Hour of LeMons race.

The lawsuit is relatively light on technicalities. Volvo’s video Demonstrating the operation of the hands-free tailgate shows the speed at which it normally opens and closes; the lawsuit does not specify which model of Volvo SUV was involved. Volvo models with a power tailgate (along with features such as power windows) come with a ‘pinch protection’ safety system, which promises discover something in the way – such as an arm in a closing window, or a person under a closing tailgate – at which point “the movement is interrupted, the tailgate stops, a long audible signal sounds and the tailgate returns to the pre-programmed maximum position,” the automaker says.

The court summary claims that “a malfunction in the defendant’s automated tailgate system caused serious injury when it struck the plaintiff in the head.” It is alleged that Henry is liable for activating her dog, and that Volvo is liable for a design that made this possible.

A Volvo spokesperson told Jalopnik that the company does not comment on open or pending lawsuits.