Volvo XC90 Hearing Damage Lawsuit Advances Against Swedish Parent After US Dismissal

A Tennessee film producer’s claim that his Volvo XC90’s sound system inflicted permanent hearing damage has hit a legal crossroad. While a federal court dismissed claims against Volvo Car USA this week, the core lawsuit targeting Volvo Car Corporation, the automaker’s Swedish parent, will proceed, raising critical questions about manufacturer responsibility and alleged defects.

Movie producer Timothy Zajaros alleges that while driving his 2017 Volvo XC90 on September 13, 2022, the vehicle’s speakers “emitted a loud, unrelenting, piercing tone that caused him pain.” According to court documents filed in the U.S. District Court for the Middle District of Tennessee (Case No. 3:23-cv-00711), this incident resulted in diagnosed permanent hearing loss and tinnitus. Zajaros further claims these injuries caused lost income in his profession.

Manufacturing Defect Allegations Drive the Case

Zajaros contends the alarming audio malfunction stemmed from a manufacturing defect within the XC90’s speaker system. Crucially, his lawsuit asserts that Volvo was aware of this potential defect but failed to notify owners or implement corrective measures. The initial complaint named Volvo Cars of North America, Volvo Group North America, and Volvo Car USA as defendants. However, the first two entities were swiftly dropped after being deemed “improper parties” in this specific claim.

Court Dismisses Volvo USA, Cites Lack of Connection

In a ruling dated July 9, 2024, Judge Aleta A. Trauger dismissed all claims against the remaining U.S. entity, Volvo Car USA. The judge determined Zajaros provided no concrete evidence linking Volvo Car USA to the manufacturing or defect of his specific vehicle, only speculative claims. “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,” Judge Trauger stated in her memorandum. She noted the allegation against Volvo USA mirrored the already-dismissed claims against the other U.S. entities. Crucially, evidence confirmed Zajaros’s XC90 was manufactured by Volvo Car Corporation in Sweden, not by the U.S. subsidiary.

Lawsuit Focus Shifts Solely to Volvo Sweden

With Volvo Car USA dismissed, the legal battle refocuses entirely on Volvo Car Corporation in Sweden. Zajaros’s amended complaint alleges the Swedish parent company designed, manufactured, distributed, and warranted the allegedly defective 2017 XC90. The lawsuit seeks damages for Zajaros’s injuries and associated losses. This case follows previous reports, such as those covered by Carscoops in 2023, where some Volvo owners discovered counterfeit ‘Bowers & Wilkins’ branded speakers in their vehicles, though it’s unclear if this specific issue relates to Zajaros’s claim.

The stakes are now clear: can the plaintiff prove Volvo Sweden knowingly allowed a dangerous defect in the XC90’s audio system to reach consumers? As this high-stakes hearing damage lawsuit moves forward against the automaker’s global headquarters, Volvo owners and safety advocates await the outcome with significant interest. Stay informed on this developing consumer safety case by following reputable legal and automotive news sources.

Must Know

Q: What is the main claim in the Volvo XC90 lawsuit?
A: Film producer Timothy Zajaros alleges his 2017 Volvo XC90’s speakers emitted an extremely loud, piercing tone while driving in September 2022, causing him permanent hearing loss and tinnitus. He claims this was due to a manufacturing defect Volvo knew about but didn’t fix or disclose.

Q: Why were claims against Volvo USA dismissed?
A: The U.S. District Court dismissed claims against Volvo Car USA because the plaintiff couldn’t prove this specific U.S. entity manufactured or was responsible for the defective vehicle. Evidence showed the XC90 was built by Volvo Car Corporation in Sweden.

Q: Who is the lawsuit proceeding against now?
A: The lawsuit continues solely against Volvo Car Corporation, the Swedish parent company of Volvo Cars. The plaintiff alleges they designed, manufactured, and distributed the defective XC90.

Q: What kind of damages is the plaintiff seeking?
A: Timothy Zajaros is seeking compensation for his permanent hearing injuries (hearing loss and tinnitus), associated medical expenses, and lost income resulting from his inability to fully perform his work as a film producer.

Q: Has Volvo commented on these specific hearing damage allegations?
A: As of the latest court ruling (July 9, 2024), Volvo Car Corporation has not issued a public statement specifically addressing the hearing damage claims in this ongoing lawsuit. Their legal response will unfold in court proceedings.

Q: Are other Volvo owners reporting similar speaker problems?
A: While this lawsuit focuses on one specific incident, there have been separate reports, like those covered by Carscoops, of some Volvo owners discovering non-genuine speakers in their vehicles. It’s currently unknown if those issues are directly related to the alleged defect causing the piercing tone in this case.