The city of Lawrence has been dismissed from a lawsuit involving the 2009 death of former Kansas University Athletic Director Bob Frederick.

City attorney Jerry Cooley said plaintiffs in the case voluntarily agreed to dismiss the city and one other defendant, Underground Systems Construction Inc.

Black Hills Energy and Concrete Inc. of Lawrence remain as defendants in the suit that alleges 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 his bicycle struck a hole near the intersection.

“Through litigation, the discovery process revealed that the city had no notice of the hole before the accident and had no legal duty to fix it,” said David Morantz, who has represented Frederick’s family in the suit, along with attorney Lynn Johnson.

Morantz said neither the city nor Underground Systems Construction Inc. paid any sort of settlement in connection with the dismissals. Cooley and city leaders long contended that the city was not at fault in the matter.

“All we did was issue a temporary use permit for the right-of-way,” Cooley said. “Somebody else made the hole.”

Black Hills Energy has denied any negligence in the matter. The lawsuit has not yet gone to trial and has been in mediation.