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Archive for Thursday, August 25, 2011

Family of former KU athletic director Bob Frederick reaches out-of-court settlement of lawsuit filed after his death

August 25, 2011, 4:33 p.m. Updated August 25, 2011, 4:54 p.m.

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The family of former Kansas University Athletic Director Bob Frederick has reached an out-of-court settlement with the final two defendants in a lawsuit filed after his 2009 death following a bicycle accident, attorneys said Thursday.

Black Hills Energy and Concrete Inc. of Lawrence were the remaining defendants in the suit. The Frederick family’s lawsuit had alleged that Black Hills and contractors were negligent in completing repair work on pavement near the intersection of Sixth Street and Kasold Drive. Frederick, 69, died on June 12, 2009, one day after he was injured when his bicycle struck a hole 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 the suit filed in Douglas County District Court in March 2010.

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

Morantz at that time 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.

Attorneys said as part of the agreement the financial terms of the settlement between the plaintiffs and Black Hills Energy and Concrete Inc. would not be made public.

“We are obviously saddened by his death, and the matter is resolved. The settlement is confidential,” said Marc Erickson, an attorney representing Black Hills Energy. “We don’t really have any further comment at this point.”

Erickson did say Black Hills Energy was not admitting fault or liability as part of the resolution. Craig Blumreich, an attorney for Concrete Inc., did not return a call seeking comment Thursday.

Morantz said discovery in the case revealed the person riding with Frederick at the time of the accident testified in a deposition that she also did not see the 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.”

Comments

Scott Morgan 3 years ago

ummm? Good law, or bad biking?

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riverdrifter 3 years ago

Uhm, the idiots went off and left a crater in the pavement, the very same one that took out a brake rotor assembly on my sister's vehicle.

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Beth Ennis 3 years ago

My husband and I are bike riders, and the streets in this town are just scary. Road bikes have very narrow tires, and it doesn't take much of a hole to take you down, but I'm guessing this one was very large as I believe the bike stopped and he flew over the handle bars. It's very hard when you are riding even at 10 mph, which is slow, to see the holes in time to avoid them, and sometimes you just can't even see them, especially if the pavement is new, as it was in this case, and it was getting close to sunset. It's just so sad, but yes, they should have inspected their work better and coned it off if they couldn't fix it before quitting for the day. I'm glad they were held responsible.

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hail2oldku 3 years ago

The pavement wasn't new, and it was not anywhere near sunset, but hey it doesn't help the story any.

The contractors certainly screwed up because the hole was present for more than a full day, but it really was big enough to be seen and it was reported that Dr. Bob and his fellow rider were standing on it to beat the yellow so I'd be curious to know if the settlement acknowledged something like a 90/10 split on negligence.

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Robert Rauktis 3 years ago

Potholes...part of the adventure of cycling.

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boxerdad 3 years ago

This hole was man made and not properly coned off to protect automobiles or cyclists. It was not a naturally occuing pothole. It has never been about the money and no amount of money will ever replace a loved one. It is simply to ensure the safety of others, so this type of accident doesn't happen to someone that you love and care about.

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