Settlement filed in death of former KU athletic director

LAWRENCE | The family of former Kansas athletic director Bob Frederick has reached a settlement with the last two defendants in a lawsuit filed after Frederick died in a bicycle accident, attorneys for the parties announced Thursday.

The lawsuit was filed after Frederick, 69, died on June 12, 2009, from injuries he suffered when his bicycle hit a hole on a Lawrence street.

Attorneys said the settlement was reached with Black Hills Energy and Concrete Inc. of Lawrence, The Lawrence Journal-World reported ( ). The terms of the settlement were not disclosed.

Frederick's family alleged that Black Hills and contractors were negligent during repair work on pavement near the intersection.

"The Frederick family feels that this resolution has ensured that Black Hills has been held accountable, not just to the family but to the community of Lawrence," said Dave Morantz, an attorney who along with attorney Lynn R. Johnson represented Frederick's family.

In June, the city of Lawrence and another defendant, Underground Systems Construction Inc., were dismissed from the suit without paying any settlement.

Morantz had said depositions in the case revealed the city had no notice of the hole before the accident and had no legal duty to fix it based on an agreement between the city and Black Hills. He also said the person riding with Frederick at the time of the accident testified in a deposition that she did not see a hole in the pavement.

"There's no amount of money that's going to bring back Dr. Frederick or change what happened," Morantz said. "But the family hopes this will prevent similar instances in the future."

"We are obviously saddened by his death," and the matter is resolved, said Marc Erickson, an attorney representing Black Hills Energy. He said the company was not admitting fault or liability in the case.