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The parents of a Baton Rouge teenager have filed a wrongful death lawsuit against OnStar, alleging that the company refused service that could have saved their son''s life.
Dustin Bambarger was found dead in his parent''s Chevrolet Suburban on December 8, 2004, a month after he disappeared. Bambarger had told his parents he was going to his friend''s house to watch a movie.
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 OnStar 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.
OnStar tried to dismiss the claim. District Judge James Brady, however, rejected the company''s motion for dismissal and is allowing Bambarger''s parents to proceed with their charges of wrongful death as a result of negligent service.
Deputies said three men killed Bambarger and then rented out the SUV for eight rocks of crack cocaine. The three men have been charged for the crime.
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