The parents of a Baton Rouge teenager fi led a wrongful death lawsuit against OnStar, alleging that the company refused service that could have saved their son’s life. A Louisiana judge ruled it may proceed. Dustin Bambarger was found dead in his parent’s Chevrolet Suburban, a month after he disappeared. Lisa Bambarger, his mother, contacted OnStar for help tracking the Suburban when her son failed to return home. The lawsuit she and her husband, Kenneth Bambarger, filed claims that On- Star refused to track the SUV, saying that the tracking system had been deactivated and could only be reactivated from inside the vehicle. Bambarger’s parents contend that OnStar denied them help because the system was not under subscription. They further allege that their son might have been found alive had OnStar helped them. Deputies said three men killed Bambarger and then rented out the SUV for crack cocaine.

Commentary: If GM could not reactivate or use the system to track remotely, then clearly the company is not liable. However, if that is not the case, as the Bambarger family contends, liability is real. This case raises a very interesting issue from a public policy standpoint, as well as training customer reps on when to intervene and bring a case to a higher management level’s attention. For example, any company that is in the business of offering paid extended warranties on products that have the potential to injure consumers should follow the rulings in this case with interest.