The city of Lawrence has filed a cross-claim against Black Hills Energy in a response to a lawsuit filed in connection with the death of former Kansas University Athletic Director Bob Frederick.

The city and Black Hills are both defendants in the suit the Frederick family filed last March. Frederick died from injuries suffered after his bicycle struck a hole in the pavement at Sixth Street and Kasold Drive in June 2009. He was 69.

The Fredericks’ suit alleges that Black Hills and the city were negligent in completing repair work on pavement at the intersection. According to the suit, Black Hills was working in the area in weeks before the accident and had received a permit from the city for that work.

But attorneys for the city say a franchise agreement with Black Hills saves the city from any liability under a claim if a utility company causes damage in a city right-of-way. If the city is found at fault in the suit, attorneys are asking that Black Hills be held responsible for any of those judgments plus the city’s legal costs in the case.

Black Hills attorneys are disputing that, and they say the city “has been sued for its own independent negligence” and that the gas utility cannot be held liable for that action.

Attorneys for the Frederick family have said if a jury determines that both the city and utility company were negligent and responsible for the hole in the pavement, jurors could determine a percentage of blame for each defendant.

In addition to the cross-claim, the city and Black Hills both deny any negligence.

In an answer to a lawsuit, defendants typically raise several defenses to be able to use them later.

Black Hills attorneys, for example, wrote that the hole in the pavement alleged to have caused the accident “constituted an open and obvious danger.” Another defense mentions that Frederick had a pre-existing physical condition.

Black Hills spokesman Curt Floerchinger said the company does not comment on pending litigation.

According to court filings, Frederick, KU’s athletic director from 1987 to 2001, was wearing a helmet while riding the evening of June 11, 2009, when he struck the pothole in the street. He died one day later at Kansas University Hospital in Kansas City, Kan.

Frederick was also injured in cycling accidents in 1988 on Clinton Parkway and 1994 on Clinton Dam Road.

In the city’s response to the lawsuit, attorneys mention Frederick’s negligence as a possible defense.

But David Morantz, a Kansas City, Mo., attorney representing the Frederick family, said Bob Frederick would have been cautious coming to the intersection.

“We think that a cyclist who is approaching a busy intersection is going to be watching traffic signals and be watching for approaching traffic versus keeping his head down and looking at the ground,” he said.

Morantz said his side was still collecting documents and checking into contractors or subcontractors who were working there.

Jerry Cooley, a Lawrence attorney representing the city, said it was still early in the process and that the city was waiting to get into the discovery phase of the lawsuit.