Lawrence Journal-World 08-26-11

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Westar seeks rate increase

Injury accidents gnarl traffic on 3 highways

By Scott Rothschild

srothschild@ljworld.com

TOPEKA — Westar Energy, the largest electric company in Kansas, is seeking a $91 million rate increase that would raise the typical residential ratepayer’s bill by $6.50 per month. Westar officials said Thursday that the 5.85 percent increase in its base price was needed to comply with new federal regulations and other higher costs, including trimming trees to keep them away from power lines. “Our customers and our state depend on reliable electric infrastructure,” said Mark Ruelle, Westar’s chief executive officer. “Unfortunately, the cost of keeping our system reliable has gone up.” The rate request will be considered by the Please see WESTAR, page 2A

State receives $3.2M for health care By Scott Rothschild srothschild@ljworld.com

TOPEKA — Kansas is getting more “Obamacare” money despite Gov. Sam Brownback’s opposition to the law. The state received $3.2 million from the U.S. Department of Health and Human Services as part of $137 million awarded to nearly every state, it was announced Thursday. Of Kansas’ share, $3.1 million is to strengthen public health immunization and nearly $100,000 is for a tobacco cessation services. “More than ever, it is important to help states fight disease and protect public health,” said HHS Secretary Kathleen Sebelius, a former governor of Kansas. “These awards are an important investment and will enable states and communities to help Americans quit smoking, get Please see FUNDING, page 2A

Richard Gwin/Journal-World Photos

EMERGENCY PERSONNEL WORK TO FREE A PENNY’S CONCRETE TRUCK DRIVER from his rig around 3:30 p.m. Thursday near the Eudora exit on Kansas Highway 10 after the truck overturned, trapping the driver inside. The driver was flown by air ambulance to an area hospital. Around the same time Thursday, emergency crews were dispatched to injury accidents on Interstate 70 and U.S. Highway 24-40.

KHP closes K-10 for 6 hours

By Jonathan Kealing, Andy Hyland and Joe Preiner jkealing@ljworld.com; ahyland@ljworld. com; jpreiner@ljworld.com

ONLINE: See the video at LJWorld.com

All lanes of Kansas Highway 10 near Eudora were reopened shortly after 10:15 p.m. Thursday after the Kansas Highway Patrol’s commercial vehicle accident reconstruction team investigated a serious incident from Thursday afternoon. The highway was closed for more than six hours. The accident was the last of three accidents reported in Douglas County between 3 p.m. and 4:15 p.m. Thursday. Helicopter ambulances were re-

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quested for all three. The other two accidents were on the Kansas Turnpike west of Lecompton and on U.S. Highway 24-40 near the Douglas-Leavenworth county line. In the K-10 accident, a cement mixer and passenger car were involved, and the driver of the cement mixer suffered critical injuries. He was trapped in his truck for more than 30 minutes while Lawrence-Douglas County Fire Medical workers tried to rescue him. He was taken to a regional trauma center for treatment. K-10 was closed both eastbound and westbound to give emergency officials room to work. Please see ACCIDENTS, page 2A

Family of former KU A.D. settles suit By George Diepenbrock gdiepenbrock@ljworld.com

Sara Minor/Contributed Photo

STANDING IN FRONT OF WHAT IS NOW LIBERTY MEMORIAL CENTRAL MIDDLE SCHOOL, 1400 Mass., is a small group of black students who graduated from Liberty Memorial High School in 1952. Jane Barnes, grandmother of photo contributor Sara Minor, is in the second row, farthest left. Come to the News Center, 645 N.H., tonight from 5 p.m. to 8 p.m. to see all the photos contributed for the “Dear Lawrence” project. The display is part of Final Fridays in downtown Lawrence.

The family members of former Kansas University Athletic Director Bob Frederick has reached an out-ofcourt 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 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

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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, Bob Frederick Underground Sysdied in 2009 aftems Construction ter striking a hole Inc., were dismissed in the road on a from the suit withbike ride. Black out paying any sort of settlement. Hills Energy and Morantz at that Concrete Inc. of Lawrence settled time had said depoa lawsuit with the sitions in the case family this week. 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 that as part of the agreement the financial terms of the settlement between the plaintiffs and Black Hills Energy and Concrete Inc.

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DOUGLAS COUNTY SHERIFF’S OFFICERS along with Kansas Highway Patrol troopers work the scene of motorcycle accident at U.S. Highway 24-40 and Kansas Highway 32 at the DouglasLeavenworth county line Thursday. Two people were transported to area hospitals in that accident.

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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.” — Reporter George Diepenbrock can be reached at 8327144. Follow him at Twitter.com/gdiepenbrock.

COMING SATURDAY We’ll chat with David Booth, a Kansas University grad who purchased the rules of basketball written by James Naismith.

Vol.153/No.238 44 pages

Energy smart: The JournalWorld makes the most of renewable resources. b-e-f.org


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