— A Volvo tailgate motion sensor caused a lawsuit alleging Volvo and an employee are responsible for injuries to a New Jersey resident.
But Volvo says the employee wasn't on the clock when the incident occurred.
Plaintiff Megan Kohr sued Volvo and employee Jennifer Henry following the incident which occurred on October 15, 2023.
According to the motion sensor lawsuit, plaintiff Megan Kohr and defendant Jennifer Henry had been hiking and returned to the parked Volvo after the hike, a vehicle equipped with a power tailgate and a hands-free motion sensor located under the rear bumper.
The liftgate was open with plaintiff Kohr standing at the rear of the vehicle, but that liftgate could be opened or closed with a simple foot movement.
The Volvo lawsuit alleges Jennifer Henry's dog walked under the tailgate and triggered the motion sensor which sent a signal to the tailgate to close. The plaintiff complains the tailgate hit her in the head, causing "severe, serious and permanent injuries."
According to the lawsuit, Volvo and its employee Jennifer Henry are both liable for the injuries suffered by the plaintiff.
Kohr contends Henry was negligent and careless for allowing her dog to trigger the liftgate motion sensor. And Henry was driving a company vehicle at the time of the incident which purportedly makes Volvo responsible, too.
"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 motion sensor lawsuit
Volvo's Response
The automaker filed a motion to dismiss the tailgate motion sensor lawsuit, but recently filed new documents informing the court two claims must not be allowed to continue.
According to Volvo, a vicarious liability claim against Volvo as well as a negligent entrustment claim cannot hold up in court because employee Jennifer Henry "was not in the course of her employment with Volvo at the time of the accident."
Volvo argues an employer generally is not liable for harm caused by an employee in the use of a vehicle owned by the employer "when the use is not within the employee's scope of employment."
The automaker references a New Jersey court ruling from 1978 to support its view that liability for the employer applies only if the vehicle is being used by the employee, "for the purpose of advancing the employer's business or interests, as distinguished from the private affairs of the [employee]."
Jennifer Henry was driving a company Volvo vehicle that day, but she was not driving the vehicle at the time of the incident. She was also not "clocked in" and was not conducting business for Volvo when the incident occurred.
"Under New Jersey law, an employer can be held vicariously liable for the negligence of an employee if the employee was acting within the scope of employment at the time of the occurrence." — Volvo
And Volvo told the judge it is only liable under a negligent entrustment theory if it had custody or control over the vehicle such that it could grant or deny permission to operate that vehicle.
The Volvo tailgate motion sensor 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 the Volvo Tailgate Motion Sensor Works
