Volvo is alleged to have known about speaker problems caused by a manufacturing defect
1 hour ago
- Movie producer claims his XC90 speakers emitted an “unrelenting piercing tone.”
- Tennessee court dismissed claims against Volvo Car USA but lawsuit proceeds.
- Lawsuit now targets Volvo Car Corporation, the automaker’s Swedish branch.
A Tennessee court has delivered a setback to a movie producer who claims his Volvo XC90’s speaker system permanently damaged his hearing. While the lawsuit isn’t over, a key part of his case has now been dismissed. Judge Aleta A. Trauger has thrown out all claims against Volvo Car USA, though the suit will proceed against Volvo Car Corporation, the automaker’s Swedish division.
Also: Volvo Owners Find Fake ‘Bowers & VVilkins’ Speakers In Their Cars
Timothy Zajaros alleges that while driving his 2017 XC90 on September 13, 2022, the vehicle’s speakers “emitted a loud, unrelenting, piercing tone that caused him pain.” He claims this incident led to permanent hearing loss and tinnitus. The lawsuit also states that Zajaros lost income from his work as a film producer due to ongoing hearing issues.
Refocused Legal Strategy
The original complaint named Volvo Cars of North America, Volvo Group North America, and Volvo Car USA as defendants. However, both Volvo Cars of North America and Volvo Group North America were dropped as defendants after being determined to be “improper parties.” The plaintiff was then granted leave to file an amended complaint that added Volvo Sweden as a defendant.
Zajaros claims the speaker malfunction was the result of a manufacturing defect. He further alleges that Volvo was aware of the issue but failed to notify him or take steps to fix it.
Why Volvo Car USA Was Dismissed
However, in a recent court ruling, Judge Trauger determined that the plaintiff had been unable to plead any facts, “beyond speculation,” showing that Volvo Car USA is liable for his injuries. This is because Volvo Sweden has been established to have manufactured the man’s XC90, not Volvo Car USA.
Read: This SUV Was Supposed To Retire But Now It’s Getting A Surprising New Life
“In essence, the only fact in support of the claim that Volvo USA had anything to do with the Car is that it has ‘Volvo’ in its name,” the Judge said. “Moreover, the conclusory allegation that Volvo USA manufactured the Car is identical to the allegations against Volvo Cars of North America, LLC and Volvo Group North America, LLC, two defendants the plaintiff voluntarily dropped from this action.”
Case Continues Against Volvo Sweden
The lawsuit is expected to move forward with a narrower focus on Volvo Car Corporation. Whether the Swedish automaker will be held liable remains to be seen, but for now, the legal spotlight has shifted overseas.
