08222017Headline:

Traverse City, Michigan

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Tim Smith
Tim Smith
Attorney • 231-946-0700

Update on Marvin Schur's tragic death

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If you read my prior post on this tragedy in Bay City, I found some updated information about how and why this happened.

1. The "limiter" device had been in use through DTE in Metro Detroit, but they stopped after the Michigan Public Service Commission recommended against their use.

2. This is the first time in 18 years that the deputy chief medical examiner in Oakland County performed an autopsy on someone who died from hypothermia inside a building.

3. The limiter shut power to the residence off shortly after installation and was never reset.

4. Neighbors of Marvin Schur believe that the workers from Bay City who in stalled the "limiter" failed to advise him on resetting it if it did shut off.

5. Neighbors of Marvin Schur believe the 93 year old gentleman may have had difficulty understanding directions regarding the limiter if the Bay City workers tried to explain the device due to possible early stage dementia.

6. When Marvin Schur’s body was discovered by the neighbors, the overdue electrical bill was sitting on his kitchen table……… with some cash clipped to it so that he could pay his bill.

I light of the gross negligence by Bay City officials, who many say are directly responsible for Marvin Schur’s death, the officials are probably glad that Mr. Schur was an elderly widower who had no children. They probably are quietly hoping that if there are no surviving family members, that there will be no-one to hold them accountable in a court of law for killing Marvin Schur.

In Michigan, Marvin Schur’s estate would have the right to bring an action against Bay City and those that were responsible. The personal representative would be named in his will. If Marvin died intestate [without a will], then any descendent’s of his parents – such as nieces and nephews of Marvin Schur- would have legal standing to bring the claim and hold the City accountable.